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STATE  PRINTER  A;... 
MONTOOMEHT,  AI. 
1901. 


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JOHN  \A/.  abeircrombie:^ 

SUPERINTENDENT  OF  EOTlCATKiN:. ' 


A.   RO£MBR, 
STATE  PRINTEB  AND  BINDER, 
MONTGOMERY,  ALA. 
1901. 


A 


DEPARTMENT  DF  EDUCATIDN. 


John  W.  Abercrombie,  Harry  C.  Gunnels, 
Superintendent  of  Education,  Chief  Clerk. 

William  Denman  and  H.  S.  Abercrombie,  Miss  Bessie  Hood, 
Bookkeepers.  Stenographer. 


STATE  BDARD  DF  EXAMINERS. 

JOHN  W.  ABERCROMBIE,  Ex-Officio  President. 

JOHN  L.  DODSON,  Secretary. 

GEORGE  W.  BROCKil 


^*AV\y\'y<l  :  .^  ^^, 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA. 
Article  I. 

PUBLIC    SCHOOL    FUND. 

3539.  Appropriations  for  public  schools. — For  the  main- 
tenance of  a  system  of  public  schools  throughout  the 
State,  the  following  sums  of  money  are  hereby  appro- 
priated for  each  scholastic  year,  to-wit : 

1.  The  annual  interest  at  six  per  cent,  on  all  sums 
of  money  which  have  heretofore  been,  or  which  may 
hereafter  be  received  by  the  State,  as  the  proceeds  of 
sales  of  lands  granted  or  intrusted  by  the  United  States 
to  the  State,  or  to  the  several  townships  thereof,  for 
school  purposes. 

2.  The  annual  interest  at  four  per  cent,  on  that  part 
of  the  surplus  revenue  of  the  United  States,  deposited 
with  the  State  under  the  act  of  congress  approved  June 
23,  1836. 

3.  All  the  annual  rents,  incomes  and  profits,  or  in- 
terests, arising  from  the  proceeds  of  sales  of  all  such 
lands  as  may  hereafter  be  given  by  the  United  States,  or 
by  this  State,  or  by  individuals,  for  the  support  of  the 
public  schools  of  the  State. 

4.  All  such  sums  as  may  accrue  to  the  State  as  es- 
cheats ;  the  same  to  be  applied  to  the  support  of  tlio 
public  schools  during  the  scholastic  year  next  succeed- 
ing their  receipt  in  the  State  treasury. 

5.  The  further  sura  of  five  hundred  and  fifty  thou- 
sand dollars,  from  any  money  in  the  treasury  not  other- 
wise appropriated.      (As  amended.) 

6.  The  net  amount  of  poll-tax  that  may  be  collected 
in  the  State  ;  the  poll-tax  collected  in  each  county  to  be 
retained  therein  for  the  support   of  the   public   schools 


381352 


thereof,  and  distributed  and  disbursed   as  provided  in 
this  chapter. 

7.  All  rents,  incomes  and  profits  received  into  the 
State  treasury  during  the  scholastic  year  from  all  lands 
heretofore  donated  by  the  congress  of  the  United  States 
for  the  support  of  the  public  schools,  and  remaining  un- 
sold, which  shall  be  applied  to  the  support  of  the  public 
schools  during  the  scholastic  year  aext  •Ti»«^#iiig  their  _ 
receipt  into  the  treasury. 

8.  Licenses  which  are  by  law  required  to  be  paid  into 
the  school  fund  of  any  county  ;  to  be  promptly  paid  by 
the  judge  of  probate,  or  other  person  collecting  the 
same,  to  the  county  superintendent  of  education,  and  to-, 
be  expended  for  the  benefit  of  the  public  schools  of  such 
county. 

3540.  ]Vhen  appropriations  accrue ,  and  placed  to  credit 
of  educational  fund. — All  such  appropriations,  except 
the  poll-tax,  shall  accrue  to  the  educational  fund  on  the 
first  day  of  October,  in  each  year  ;  and  on  that  day  the 
State  auditor  shall  place  to  the  credit  of  that  fund,  on 
the  books,  in  his  office,  all  such  amounts  as  accrue 
thereto  frona  the  sources  in  this  article  mentioned,  except 
the  poll-tax,  for  the  scholastic  year  beginning  on  that , 
dav . 


Article  II. 
general  designation  op  officers. 

■-■-.,.;         "  ■■'■'$;''  ■  ' 

3541.     Officers  for  administration  of  public    schools'. 

For  the  administration  and  government  of  public  schools 
in  this  State,  there  are  the  following  officers  : 

1.     The  superintendent  ot  education . 


2      A   county   superintendent  of   education   in   each 
county. 

3.     Three  township  trustees  in  each  township. 


Article  III. 

SUPERINTENDENT  OF  EDUCATION. 

3542.  Term  of  office ;  salary. — The  superintendent  6f 
education  holds  office  for  the  term  of  two  years  frorh  the 
time  of  his  installation  in  office,  and  until  his  successor 
is  elected  and  qualified,  and  shall  receive  a  salary  of  two 
thousand  two  hundred  and  fifty  dollars  per  annum,  pay- 
able in  monthly  installments,  on  the  last  day  of  each 
month . 

3543.  Oath  of  office  and  6ondI.— Before  entering  upon 
the  duties  of  his  office,  he  shall  take  the  oath  of  office 
prescribed  by  the  constitution,  and  shall  also  give  bond', 
with  sureties  to  be  approved  by  the  governor,  in  the 
sum  of  fifteen  thousand  dollars,  conditioned  faithfully 
to  discharge  the  duties  of  his  office  so  long  as'  he  shall 
remain  therein,  or  perform  any  of  the  duties  thereof; 
and  such  bond  shall  be  filed  in  the  office  of  the  secretary 
of  state. 

3544.  Office  and  books,  papers  and  records. — He  shall 
have  an  office  at  the  capitol  of  the  St^te,  where  the 
bonds,  papers  and  records  of  his  office  shall  be  kept,  and 
where  he  shall  give  attendance  when  not  absent  on  offi- 
cial business  ;  and  it  shall  be  the  privilege  of  all  persons 
interested  to  have  access,  at  all  proper  hours,  to  the 
books,  papers  and  records  of  the  office. 

3545.  Clerks  and  their  salaries. — He  is  authorized  to 
employ  four  suitable  clerks  for  service  in  his  office  ;  and 
such  clerks  shall  be  allowed  salaries  as   follows  :     One, 

ififteen  hundred  dollars  per  year;  two,  twelve  hundred 


6 

dollars  per  year  each;  one,  five  hundred  dollars  per 
year,  to  be  paid  as  the  salaries  of  other  department 
clerks  are  paid.     (As  amended.) 

3546.  Duties  of  superintendent  of  education. — The  du- 
ties of  superintendent  of  education  shall  be  as  follows  :. 

1.  He  shall  devote  his  time  to  the  care  and  improve- 
ment of  the  common  schools,  and  the  promotion  of 
public  education,  and  shall  exercise  a  general  super- 
vision over  all  the  educational  interests  of  the  State  ; 
and  to  this  end,  he  shall  have  power  to  require  from 
the  county  superintendents  of  education,  townsnip  trus- 
tees of  public  schools,  and  all  other  school  officers,  all 
such  reports  and  information  relating  to  the  educa- 
tional fund,  or  the  condition  of  the  schools  and  man^- 
agement  thereof,  as  he  may  deem  important,  or  as  may 
be  prescribed  by  law;  and  he  may  remove  from  office 
any  such  officer  for  failure  to  make  such  report,  give- 
such  information,  or  discharge  any  other  official  duty.. 

2.  He  shall  annually,  as  far  as  practicable,  visit 
every  county  in  the  State  for  the  purpose  of  inspect- 
ing the  schools  and  their  management,  the  accounts 
of  county  superintendents  of  education  and  other  school 
officers,  and  for  diffusing  as  widely  as  possible,  by 
personal  address  and  personal  communication,  infor- 
mation as  to  the  importance  of  public  schools  and  the 
best  method  for  their  management ;  and  he  shall  en- 
courage and  assist  at  organizing  and  conducting  teach- 
ers' and  superintendents'  institutes. 

3.  He  shall  make  provision  for  instructing  all  pupils 
in  all  schools  and  colleges  supported,  in  whole  or  in 
part,  by  public  money,  or  under  State  control,  in  hy- 
giene and  physiology,  with  special  reference  to  the 
effects  of  alcoholic  drinks,  stimulants  and  narcotics 
upon  the  human  system. 


4.  He  shall  make  provision  for  instructing  all  pupils 
in  all  schools  and  colleges  supported,  in  whole  or  in 
part,  by  public  money,  or  under  State  control,  in  the 
constitution  of  the  United  States  and  the  constitution 
of  the  State  of  Alabama. 

5.  He  shall  annually  apportion  the  public  school 
fund  to  the  various  townships  and  school  districts  ac- 
cording to  the  entire  number  of  children  of  school  age 
and  shall  see  to  the  proper  disbursement  of  the  same  ; 
and  to  this  end,  he  shall  keep  an  accurate  account  with 
all  officers  who  may  be  custodians  or  disbursers  of  the 
Bchool  fund,  or  any  part  thereof. 

6.  He  shall  prepare  all  forms,  and  have  printed  and 
distributed  all  such  blanks  as  may  be  necessary,  or  as 
may  be  required  by  law,  in  the  administration  of  the 
public  school  system. 

7.  He  shall  furnish  the  county  superintendents  and 
other  school  officers  all  necessary  books  for  keeping  their 
accounts  and  records,  to  be  and  remain  public  property  ; 
and  he  shall  prescribe  a  uniform  system  of  keeping  such 
accouats  and  records. 

8.  He  shall  take  receipts  for  all  such  boqks  so  fur- 
nished by  him  to  school  officers,  and  such  officers  shall 
take  good  care  thereof,  and  turn  them  over  to  their  suc- 
cessors in  office. 

9.  He  shall  keep  a  debtor  and  creditor  account  with 
each  township,  or  other  school  district,  in  the  State,  of 
all  funds  accruing  thereto  for  educational  purposes, 

10.  He  shall  keep  an  accurate  account  of  the  capital 
of  all  sixteenth-section  or  other  trust  funds,  to  which 
each  township  or  school  district  may  be  entitled,  show- 
ing whence  and  when  such  funds  were  derived. 

11.  He  shall  preserve  in  his  office  all  bonds  of  school 
officers  and  others  required  to  be  filed  therein . 


8 

12 .  He  shall  cause  suits  to  be  instituted  and  prosecuted 
against  all  defaulters  to  the  educational  fund,  and  for 
this  purpose  may  employ  attorneys;  but  he  shall  not 
have  power  to  contract  to  pay  such  attorneys  out  of  the 
educational  fund  more  than  ten  per  centum  of  the 
amount  recovered  by  them  in  such  suits ;  and  out  of 
such  fund  he  may  pay  such  lawful  costs  as  may  be  taxed 
against  him  as  superintendent  of  education,  in  case  he 
is  cast  in  any  of  such  suits. 

13.  He  shall  require  and  supervise  the  collection  of 
all  poll-taxes. 

14.  He  shall,  by  correspondence,  exchange  of  official 
reports,  and  other  proper  means,  elicit  information  rela- 
tive to  the  system  of  public  education  in  other  States 
and  countries,  and  disseminate  all  useful  knowledge  re- 
garding the  same  among  the  county  superintendents 
and  other  school  officers  in  the  State. 

15 .  He  shall  collect  in  his  office  such  school-books, 
apparatus,  maps,  charts  and  specimens  of  improved 
school  furniture  as  can  be  obtained  without  expense  to 
the  State. 

16 .  He  shall  prepare  and  have  printed,  in  pamphlet 
form  by  the  public  printer,  all  laws,  rules  and  regula- 
tions pertaining  to  the  public  school  system  of  the  State, 
including  therein  the  constitution  of  the  United  States 
and  the  constitution  of  the  State  of  Alabama,  and  cause 
the  same  to  be  distributed  among  the  county  superin- 
tendents of  education,  and  other  officers  connected  with 
the  school  system,  for  the  information  of  those  interested 
in  the  educational  interests  of  the  State. 

i^n.  He  shall  hold,  or  cause  to  be  held,  within  each 
congressional  district,  one  or  more  teachers'  institutes, 
to  be  conducted  by  a  teacher  experienced  in  and  familiar 
with  the  most  improved  methods  of  instruction,  for  a 
term  of  one  week  or  more  during  ilie  summer  months  of 


9 

each  year ;  and  for  such  purpose  may,  from  time  to  time, 
certify  to  the  auditor  the  amount,  not  exceeding  five 
hundred  dollars  in  any  one  year,  necessary  to  defray  the 
expenses  of  employing  teachers  to  conduct  such  insti- 
tutes and  instruct  the  teachers  who  attend  them,  and 
upon  such  certificate  it  shall  be  the  duty  of  the  auditor 
to  draw  his  warrant  upon  the  treasurer  for  such  sum  or 
suras  in  favor  of  the  superintendent  of  education  as  may 
remain  unapportioned  in  the  treasury  at  the  time  ;  but 
the  sum  so  expended  in  any  one  year  shall  not  exceed 
the  amount  apportioned  and  paid  for  such  purposes  by 
the  trustees  of  the  Peabody  Educational  Fund  in  any  one 
year.  And  such  sums  must  be  disbursed  so  as  to  secure 
the  greatest  good  to  the  largest  number  of  teachers  in  the 
common  schools,  and  it  shall  be  the  duty  of  the  super- 
intendent of  education  to  take  vouchers  t.ierefor  to  be 
kept  on  file  in  his  office,  and  to  make  an  itemized  state- 
ment in  his  biennial  report  as  to  how  and  to  whom  said 
money  has  been  disbursed. 

18.  He  shall  perform  such  other  duties  as  are,  or  may 
be  prescribed  by  law. 

3547.  Report  to  governor;  contents. — He  shall  also,  bi- 
ennially, on  or  before  the  tenth  day  of  October,  report  to 
to  the  governor  in  writing — 

1.  A  brief  history  of  his  labors. 

2.  An  abstract  of  the  reports  received  by  him  from 
the  county  superintendents  of  education,  exhibiting  the 
condition  of  the  public  schools. 

3.  Estimates  and  accounts  of  expenditures  of  school 
money. 

4.  An  itemized  statement  showing  how  the  contin- 
gent fund  of  his  department,  and  all  other  special  funds 
or  appropriations  under  his  control  have  been  disposed 
of. 


10 

5.  Such  recommendations  as  he  may  desire  to  make 
for  the  improvement  of  the  school  system,  and  the  care 
and  increase  of  the  educational  fund. 

6.  All  such  other  matters  relating  to  his  office  and  to 
public  schools,  as  he  shall  deem  expedient  to  communi- 
cate. 

3548.  Report  to  he  printed  and  distributed. — The  gover- 
nor shall,  when  such  report  is  laid  before  him,  direct  the 
superintendent  of  education  to  have  printed  in  the  same 
manner,  and  upon  the  same  conditions  as  other  printing 
is  done,  during  the  recess  of  the  general  assembly,  a 
suflBcient  number  of  copies  of  the  report  to  supply  the 
county  superintendents  and  township  trustees  of  public 
schools,  and  other  school  officers,  and  for  the  usual  ex- 
change with  other  States,  and  with  the  leading  cities  of 
the  United  States;  and  it  shall  be  the  duty  of  the  super- 
intendent of  education  to  distribute  the  same  as  indi- 
cated in  this  section. 

3549.  Vacancy  filled  by  governor;  term,  etc.,  of  appoin- 
tee.— If  the  office  of  superintendent  of  education  should, 
at  any  time,  become  vacant,  by  death,  resignation,  or 
otherwise,  the  governor  shall  appoint  a  suitable  person 
to  fill  such  office  for  the  unexpired  term  ;  and  such  ap- 
pointee shall  give  bond  and  qualify  in  the  same  manner 
as  if  he  had  been  elected  for  a  full  term. 


Article  IV. 

COUNTY  SUPERINTENDENTS. 

3560.  One  elected  for  each  county . — Unless  by  special 
act  it  is  otherwise  provided,  a  county  superintendent  for 
each  county  is  elected  at  each  general  election  as  pro- 
Tided  in  this  Code. 

3551.  Term  of  office;  removal. — The  term  of  office  of 
county  superintendents  who  are  elected  shall  commence 


11 

on  the  first  day  of  October  next  after  their  election,  and 
the  term  of  those  appointed  shall  commence  on  the  first 
day  of  October  of  each  odd  year;  and  in  either  case,  shall 
be  for  two  years  and  until  their  successors  shall  qualify ; 
but  the  superintendent  of  education  may,  at  any  time, 
for  good  cause  shown,  remove  from  office  any  county  su- 
perintendent of  education,  whether  ele:ted  or  appointed, 

3552.  Oath  of  office  and  bond. — Every  county  super- 
intendent of  education,  before  entering  upon  the  duties 
of  his  office,  must  take  the  oath  of  office  prescribed  by 
the  constitution,  and  give  bond  in  an  amount  to  be  fixed 
by  the  superintendent  of  education,  but  in  no  case  to  be 
less  than  double  the  probable  amount  of  money  that  may 
be  in  his  hands  at  any  one  time,  with  good  and  sufficient 
sureties,  and  payable  and  conditioned  as  official  bonds  of 
other  public  officers. 

3553.  Ajjjnoval  and  record  of  bond. — Such  bond  must 
be  approved  by,  and,  with  the  oath  of  office,  must  be  filed 
and  recorded  in  the  office  of  the  judge  of  probate  of  the 
county  ;  and  a  certified  copy  of  the  bond  must  also  be 
filed  in  the  office  of  the  superintendent  of  education  for 
his  approval. 

[Failure  to  file  copy  with  superintendent  of  education 
no  defense  to  county  superintendent  or  his  sureties,  in  an 
action  for  his  default. — Reed  v.  Summers,  79  Ala.  622.] 

3554.  New  or  additional  bond ;  effect  of  notice  to  give. 
The  superintendent  of  education  shall  require  of  any 
county  superintendent  of  education  a  new  or  additional 
bond,  in  the  same,  or  a  diff'erent  amount,  as  that  of  the 
original  bond,  whenever  he  shall  find  it  necessary  for 
the  proieciion  of  the  educational  fund  of  the  county; 
and  no  county  superintendent  of  education,  after  receiv- 
ing notice  to  give  such  new  or  additional  bond,  shall  con- 
tinue in  the  discharge  of  the  duties  of  his  office  until 
such  new  or  additional  bond  is  given. 


12 

3555.  Compensation. — Each  county  superintendent  of 
education  shall  receive  for  his  services  four  per  centum 
on  the  amount  of  all  the  educational  fund  legally  dis- 
bursed by  him;  but  such  per  centum  must  not  be  taken 
or  used  by  him  until  after  the  disbursements  have  been 
made,  and  the  credits  allowed  by  the  superintendent  of 
education. 

3556.  His  duties. — The  duties  of  each  county  super- 
intendent of  education  shall  be  as  follows  : 

1.  He  shall  have  an  office  at  the  county  site  of  his 
county,  where  he  must,  on  the  first  Saturday  of  each 
month  from  the  beginning  of  the  scholastic  year  until 
the  close  of  the  public  schools  for  that  year,  be  present 
to  transact  business  with  the  officers  and  teachers  of 
public  schools. 

2.  He  must  receive  and  take  charge  of  any  money, 
funds,  property,  or  proceeds  of  any  character,  raised  in 
hi3  county  by  county  taxation,  or  which  may  accrue  to 
him  or  to  the  county  from  any  gift,  grant,  bequest,  de- 
vise ,  endowment,  or  otherwise,  to  be  used  in  aid  of,  or 
in  connection  with  money  apportioned  to  his  county 
from  the  educational  fund,  and  shall  faithfully  keep  the 
same,  separate  and  apart  from  any  other  funds  or  prop- 
erty whatsoever  ;  and  he  shall  apportion,  distribute  and 
pay  out  all  money  raised  in  accordance  with  this  subdi- 
vision ;  but  all  money,  raised  by  local  taxation  in  any 
school  district  or  incorporated  city  or  town,  shall  be  ex- 
pended for  the  benefit  of  the  district,  city,  or  town  in 
which  the  money  is  raised,  and  by  such  persons,  and  in 
such  manner  as  are  authorized  by  the  laws  of  force  for 
the  control  and  government  of  public  schools  in  such 
district,  city,  or  town. 

3.  He  shall  examine  into  the  condition  of  all  school 
funds  of  his  county,  including  the  sixteenth  section  fund, 
and  sixteenth  section  lands  unsold  in    his    county;   and 


13 

he  is  authorized  and  required  in  the  name  of  the  State 
for  the  use  of  the  township,  to  bring  all  necessary  suits 
for  the  recovery  of  the  possession  of  such  lands,  or 
against  trespassers  thereon. 

4.  He  shall,  as  soon  as  he  receives  the  annual   appor- 
tionment of  the  educational  fund  to   his   county,    forth- 
with notify  the  township  trustees   of  each  township    of 
the  amount  apportioned  to  each    township   or  separate - 
school  district. 

5.  He  shall  enter  in  a  book  or  books,  kept  for  that 
purpose,  the  exact  amount  and  date  of  all  moneys  re- 
ceived and  paid  out  by  him  on  account  of  the  educational 
fund  of  his  county,,  showing  by  whom  or  to  whom  paid, 
and  for  what  purpose,  and  also  the  amount  of  the  edu-  • 
cational  fund  apportioned  to,  and  distributed  in  each 
township  for  ffach  race;  and  such  books  shall  be  open  to 
the  inspection  of  all  persons  interested. 

6.  He  shall,  on  or  before  the  thirtieth  day  of  Septem- 
ber of  each  year,  forward  to  the  superintendent  of  edu- 
cation, on  blanks  to  be  furnished  him  by  the  latter,  an 
annual  report  of  the  public  schools  of  his  county  for  the 
preceding  year,  which  shall  set  forth  (1)  the  amount  of 
school  money  received  by  him  from  all  sources  to  the  end 
of  the  year,  specifying  how  much  was  received  from 
each  source  ;  (2)  how  much  has  been  disbursed  by  him 
during  such  year^  for  what  purpose,  and  the  names  of 
teachers  to  whom  money  has  been  paid,  the  time  they 
taught,  and  the  total  amount  paid  to  each  teacher  ;  (3) 
the  amount  of  funds  then  in  hand  for  each  township  or 
school  district  in  his  county  ;  and  (.4)  the  manner  in 
which,  and  the  extent  to  which  he  has  discharged  the 
duties  required  by  law  to  be  performed  by  him. 

7.  He  shall  remove  from  office  any   township    trustee 
"when  the  interest  of  public  education  demands  such  re- 


14 

moval,  and  he  shall  fill  all  vacancies  occasioned   by   re- 
moval from  office  or  otherwise. 

8.  He  must  quarterly,  on  the  first  Saturdays  in  Jan- 
uary, April,  July  and  October  of  each  year,  or  as  soon 
thereafter  as  practicable,  pay  the  teachers  of  the  public 
schools,  upon  the  certificate  of  the  trustees  of  the  town- 
ship in  which  the  school  was  taught ;  and  in  counties  in 
which  separate  districts  have  been  established  by  special 
laws,  he  shall  pay  over  to  the  officers  authorized  to  re- 
ceive the  same  their  proportionate  shares  of  the  school 
revenues  at  the  times  above  designated. 

3557.  Forfeiture  for  failure  to  make  annual  reports. — If 
any  county  superintendent  shall  willfully  fail  to  make 
out  and  forward  to  the  superintendent  of  education  any 
annual  report  required  by  this  article,  within  ten  days 
after  the  time  it  should  be  made,  he  shall  be  liable  to  a 
forfeiture  of  his  commissions,  to  be  declared  by  the  su- 
perintendent of  education,  and  to  removal  from  office  by 
the  superintendent  of  education. 

3558.  Books  and  accounts  liable'  to  examination. — The 
books,  accounts  and  vouchers  of  the  county  superinten- 
dent of  education  may  be  examined  at  any  time  by  the 
superintendent  of  education  in  person  or  by  duly  author- 
ized agent. 

3559.  Vacancies,  how  filled;  term,  etc.,  of  appointees. — 
The  superintendent  of  education  shall  fill  all  vacancies 
in  the  office  of  county  superintendent  of  education,  by 
appointment ;  and  such  appointee  shall  hold  during  the 
unexpired  term,  and  until  his  successor  qualifies,  and 
shall  give  bond  and  qualify  as  is  required  of  an  appointee 
for  a  full  term . 


15 

Article  V. 

TOWNSHIP   TRU8TEK8.  '' 

3560.  Township  trustees  appointed;  term  of  office. — 
Three  township  trustees  for  each  township  or  other 
school  district  in  each  county,  who  shall  be  freeholders 
and  householders  resident  in  such  township  or  school 
district,  shall  be  appointed  by  the  county  superintendent 
of  education  ;  and  the  term  of  office  of  all  township  trus- 
tees shall  commence  on  the  first  day  of  October  of  each 
odd  year  and  continue  two  years  and  until  their  suc- 
cessors «hall  qualify. 

3561.  Establishment  and  supervision  of  schools. — The 
township  trustees  shall  have  the  immediate  supervision 
of  the  public  schools  in  their  township  or  school  district, 
and  shall  have  power  to  establish,  subject  to  the  ap- 
proval of  the  county  superintendent  of  education,  one  or 
more  schools  for  either  race  in  such  township  or  school 
district,  as  the  public  necessity  may  require. 

3562.  Meetings  with  parents  and  guardians;  business 
transacted. — The  trustees  in  each  township  shall  annually, 
on  the  last  Monday  in  October,  or  within  seven  days 
thereafter,  call  a  meeting  of  the  parents  and  guardians  of 
the  children  of  their  township  within  the  educational 
age,  and  at  such  meeting  they  shall,  in  consultation 
with  such  parents  and  guardians,  and  with  a  view  to 
subserve  their  wishes,  interests  and  convenience,  trans- 
act the  following  business  : 

1.  They  shall  determine  the  number  of  schools  which 
shall  be  established  in  their  township  for  the  current 
scholastic  year,  and  shall  designate  the  same  by  num- 
ber. 

2.  They  shall  fix  the  location  of  each  school,  the 
time  of  its  opening,  and  the  length  of  the  session,  which 


16, 

shall  not  be,  except  as  hereinafter   provided,  less  than' 
twelve  weeks. 

3.  They  shall,  when  thev  establish  the  schools  in 
their  township,  apportion  to  each  school  so  established, 
such  an  amount  of  tlie  public  school  revenue  appor- 
tioned to  the  township  for  the  current  scholastic  year 
as  they  may  deem  just  and  equitable  and  for  the  equal 
iMnefit  of  the  children  thereof  of  school  age. 

4.  They  shall  determine  the  number  and  what   chil- 
dren shall   be    transferred   from  their   districts  to   the 
schools  of  other  districts,   and  to  what  districts  trans- 
ferred, during  the  scholastic  year,  and  shall  set   apart 
such  an  amount  of  the  money  apportioned  to  their  dis- 
trict to  pay  for  such   transferred  children  as  they  may 
deem  ]ust  and  equitable  ;  and    if  it  should  be  deemed 
impracticable  to  establish  in  any  district  a  public  school 
for  the  children  of  either  race,  on    account  of  the  want 
of  a  sufl&cient  numbier  of  such  race  living  within  a  rea- 
sonable distance,  they  shall  determine  whether  any   of 
such  children  can  be  transferred  conveniently  to  a  pub- 
lic school  in  another  district,  and  those  that  cannot  be 
so   transferred,    and  that  have  Actually  attended  some; 
school  in  this    State    for    the    time   during   which  the 
public  schools  were  kept  open  for  the  current  scholastic 
year,  shall  be  entitled   to  the  benefits  of  the  amounts- 
apportioned  to  their  district ;  and  they  shall  determine 
the  amount  to  wl^ich  each    of   such   children  shair  be 
entitled,  and  the  same  shall  be  paid  by  the  county  su- 
perintendent of  education  to  the  parent  or  guardian  of 
such  child,  for  which  a  receipt  shall  be  taken  as  in  case  ' 
of  payments  to  teachers.  * 

5.  In  those  towi;iships  in  which  less  than  the  requisite 
number  of  ciiildren  of  school  age  reside,  it  shall  be  the 
duty  of  the  township  trustees  to  arrange  for  the  teach- 
ing of  such  children  in  such  manner  as  they  may  deem 


17 

proper  and  just,  subject  to  the  approval  of  the  county 
superintendent  of  education,  and  to  pay  for  the  tuition 
of  such  children  in  the  manner  prescribed  by  law  out 
of  the  school  funds  apportioned  to  such  township. 

6,  Such  other  business  as  may  be  necessary  to  carry 
out  the  provisions  of  the  law. 

3563.  Report  after  meeting. — They  shall,  within  ten- 
days  afser  such  meeting,  report  to  the  county  superin- 
tendent of  education  the  number  and  location  of  the 
schools,  the  names  of  the  teachers  employed,  and  the 
amount  of  money  apportioned  to  each  school. 

3564.  Notice  and  duration  of  meeting  ;  effect  o/ failure  ta 
attend. — Such  meeting  shall  be  called  by  posting,  ten 
days  previously  thereto,  written  notices  of  the  time  and 
place  of  meeting,  and  of  the  business  to  be  transacted 
thereat,  in  not  less  than  three  public  places  in  the  dis- 
trict ;  and  the  township  trustees  shall  have  power  to 
continue  the  meeting  from  day  to  day  until  all  the  busi- 
ness has  been  transacted,  and  they  may  adjourn  the 
same  to  a  future  day,  not  exceeding  one  week;  and  if 
the  parents  and  guardians  fail  to  attend  such  meeting, 
the  township  trustee  shall,  in  their  absence,  proceed  ta 
perform  the  duties  required  of  them. 

3565.  Appeal  to  county  superintendent — An  appeal 
may  be  taken  from  the  decision  and  action  of  the  town- 
ship trustees  had  and  done  at  such  meeting,  to  the  county 
superintendent  of  education,  who  shall  notify  the  town- 
ship trustees  of  the  appeal,  and  shall  appoint  a  day  on 
which  to  hear  and  determine  tlie  same,  and  whose  de- 
cision shall  be  final. 

3566.  When  but  one  school  in  township,  how  located; 
change  of  location. — When  but  one  school  is  established 
in  a  township,  it  shall  be  so  located  as  to  accommodate 
the  largest  number  of  pupils,  and  to  encourage  the  build- 
ing of  a  permanent  school  house  as  near  the  center  of 

2 


18 

the  township  as  possible,  whenever  it  can  be  done  with- 
out material  injury  or  inconvenience  to  the  children 
within  the  educational  age  ;  but  such  location  may  be 
changed  by  the  township  trustees  from  year  to  year,  in 
order  to  provide  for  those  who  were  not  in  reach  of  the 
school  in  previous  years  ;  and  in  the  location  of  public 
schools,  township  trustees  must  have  reference  to  the 
population  and  neighborhood,  paying  due  regard  to  any 
school  house  already  built,  or  site  procured,  as  well  as 
as  to  all  other  circumstances  proper  to  be  considered,  so 
as  to  promote  the  interest  of  free  public  education. 

3567.  To  ivkat  regard  must  be  had  in  locating  schools 
and  employing  teachers. — In  locating  public  schools, 
and  employing  teachers,  township  trustees  shall  have 
dre  regard  to  such  communities  as  will  supplement  the 
district  fund,  ana  to  such  teachers  as  will  procure  and 
teach  the  greatest  number  of  pupils  within  the  educa- 
tional age  ;  the  object  of  this  section  being  to  encourage 
the  building  up  and  mairtaining  of  large  schools,  which 
shall  continue  the  longest  term  practicable ;  but  in  no 
case  shall  such  communities  and  citizens,  as  are  unable 
or  unwilling  to  supplement  the  district  fund,  be  deprived 
of  the  benefit  of  the  public  schools. 

3568.  Employing  teachers  and  opening  schools. — The 
township  trustees  shall  in  no  case  contract  with  teachers, 
or  open  schools  until  they  have  definitely  determined 
the  number  and  location  of  the  schools  in  their  district, 
and  the  amount  of  money  each  school  shall  receive  from 
the  amount  apportioned  to  the  district ;  nor  shall  they 
contract  for  a  school  of  less  than  three  scholastic  months, 
nor  less  than  ten  pupils  of  school  age,  if  there  are  more 
than  that  number  of  each  race  within  such  age,  nor 
more  than  fifty  pupils  to  each  teacher.  (Amended  1901. 
See  act  below.) 

35t>9.     Execution  oj  contracts  with  teachers;  contract  for 


19 

transferred  pupils. — All  contracts  wii-li  teachers  shall  be 
in  writing,  and  shall  specify  the  amount  to  be  paid  per 
month  from  the  district  fund,  and  shall  be  executed  in 
duplicate,  one  of  which  shall  be  filed  with  the  county 
superintendent  of  education  for  his  approval  within  ten 
days  after  it  has  been  signed  ;  and  no  such  contract  shall 
be  valid  without  his  approval ;  and  the  township  trustees 
shall  also,  in  like  manner,  contract  with  teachers  for 
transferred  pupils. 

3570.  Visits  to  schools — The  township  trustees  shall 
visit  the  schools  in  their  district  at  least  once  during 
each  scholastic  year. 

3571.  Removal  of  teachers;  payment  of  time. — The 
township  trustees  may,  for  any  cause  sufficient  in  their 
judgment,  terminate  the  contract  of,  and  remove,  any 
teacher ;  but  such  teacher  shall  be  allowed  pay  for  the 
time  he  taught  according  to  the  terms  of  his  contract. 

3572.  Register  of  daily  attendance. — The  township 
trustees  shall  require  the  teachers  of  public  schools  to 
keep  a  register  of  the  daily  attendance  of  the  pupils  in 
the  schools  taught  by  them,  and  to  submit  such  register 
to  them  for  their  inspection. 

3573.  Enumeration  of  children. — The  township  trus- 
tees must,  during  the  month  of  July  of  each  odd  year, 
make  an  enumeration  of  all  the  children,  white  and  black, 
male  and  female,  within  the  educational  age,  in  their  town- 
ship or  district  and  report  the  same  in  duplicate  to  the 
■county  superintendent  of  education  by  the  first  day  of  Au- 
gust following  ;  and  the  county  superintendent  of  educa- 
tion shall  make  to  the  superintendent  of  education  a  writ- 
ten report  of  the  several  enumerations  made  to  him  by  the 
township  trustees  by  the  fifteenth  day  of  August  of  such 
year. 

3574.  New  enumeration  in  certain  cases. — If  the  town- 
jship  trustees  in  any  county  or  township  should   fail  in 


20 

any  year  to  make  the  enumeration  provided  for  in  the 
preceding  section,  or  if  the  superintendent  of  education 
of  the  State  should  have  reason  to  believe  that  the  enu- 
meration made  and  returned  to  his  office  is  fraudulent 
or  greatly  erroneous  in  any  county  or  township,  and 
shall  determine  that  it  is  for  the  best  interest  of  the 
public  school  system  that  another  enumeration  be  made 
in  any  county  or  township,  he  shall  have  power  to  pro- 
cure the  making  of  a  new  enumeration  of  the  children 
of  school  age  in  any  county  or  township,  and  sball  pay 
the  expense  of  making  the  same  out  of  the  fund  first 
available  and  apportioned  to  the  county  or  township  in 
which  such  new  enumeration  is  made,  as  the  case  may 
be. 

3575.  Exemption  from  road  arid  jury  duty  and  poll-tax^ 
Township  trustees  are  exempt  from  road  duty,  jury  duty 
and  poll-tax,  so  long  as  they  shall  continue  in  office  and 
perform  the  duties  thereof ;  and  the  certificate  of  the 
county  superintendent  of  education  shall  be  evidence  of 
the  fact. 


Article  vi. 
teachers. 

3578.  Instruction  as  to  the  nature  of  alcoholic  drinks- 
aihd  narcotics. — Every  teacher  shall  give  instruction  as 
to  the  nature  of  alcoholic  drinks  and  narcotics  and  their 
effects  upon  the  human  system,  and  such  subject  shall 
be  taught  as  regularly  as  any  other  in  the  public  schools,, 
and  in  every  grade  thereof. 

3579.  JJoiv  long  certificates  are  valid. — A  third-grade 
certificate  shall  be  valid  for  two  years  ;  a  second-grade- 
certificate  for  four  years,  and  a  first  grade  certificate  for- 
Bix  years,  in  any  coanty  in  the  State.     (As  amended.) 


21 

3580.  Register  kept  by  teachers  and  submitted. — Every 
teacher  of  a  public  school  must  keep  a  register  of  the 
actual  daily  attendance  of  the  pupils  in  his  school,  and 
must  submit  such  register  to  the  township  trustees  for 
their  inspection. 

3581.  Quarterly  report ;  not  entitled  to  compensation  un- 
til forwarded. — Every  teacher  of  a  public  school  must, 
within  five  days  after  the  end  of  each  scholastic  quar- 
ter, forward  to  the  county  superintendent  of  education  a 
complete  report,  setting  forth  the  enrollment,  attend- 
ance, number  of  transferred  pupils,  and  from  what  town- 
ship transferred,  the  branches  taught,  and  the  number  of 
pupils  in  each,  distinguishing  between  male  and  fe- 
male, and  stating  whether  a  white  or  colored  school ; 
also  the  monthly  pay  from  school  revenue  from  the 
township  in  which  the  school  is  located,  and  from  trans- 
ferred pupils,  stating  the  township  and  range  from 
which  they  are  transferred  ;  also  the  number  of  days 
taught,  the  amount  due  for  services  from  school  revenues 
of  the  township,  the  number  of'visits  by  township  trus- 
tees, and  the  name  and  postoffice  of  the  teacher;  and 
such  report  must  be  sworn  to  by  tho  ieacher  before  some 
one  of  the  township  trustees,  and  approved  by  them; 
and  no  teacher  can  draw  any  pay  for  services  rendered 
by  him  until  he  has  forwarded  his  report  in  accordance 
with  the  requirements  of  this  section. 

3582.  7''o  be  paid  quarterly . — The  teachers  of  public 
schools  shall  be  paid  quarterly,  on  the  first  Saturdays  in 
January,  April,  July  and  October,  or  as  soon  thereafter 
as  practicable. 

[Schoolmaster  stands  in  loco  parentis  and  may,  in  a 
proper  case,  inflict  corporal  punishment ;  but  is  criminal- 
ly liable  for  an  abuse  of  his  authority. — Boyd  v.  State, 
88  Alabama.  169 ;  McCormack  v.  State,  102  Alabama 
156. 


22 

Article  VII. 

BOARDS    OF    education;    TEACHERS'    INSTITUTE. 

3583.  Board  of  education;  how  constituted;  vacancies. — 
There  shall  be  established  in  each  county  of  the  State  a 
board  of  education  composed  of  the  county  superintend- 
ent of  education,  who  shall  be  the  president  thereof,  and 
of  two  teachers,  either  in  private  or  public  schools  of  the 
county,  who  shall  be  appointed  by  such  superintendent 
at  the  beginning  of  each  scholastic  year,  or  as  soon 
thereafter  as  practicable,  and  who  shall  hold  office  dur- 
ing the  current  scholastic  year,  and  one  of  whom  shall 
be  appointed  secretary;  and  a  majority  of  the  board  shall 
be  necessary  for  the  transaction  of  any  business.  The 
county  superintendent  of  education  shall  have  power  to 
fill  all  vacancies  that  may  occur  in  such  board . 

3584,  Meetings  of  board. — Such  board  shall  meet  quar- 
terly at  such  times  and  places  as  they  may  designate  ; 
but  may  meet  oftener  when  deemed  advisable  by  them. 

3588.  Cause  for  Cancellation  of  license. — Whenever  it 
shall  appear  to  the  superintendent  of  education  that  any 
teacher  to  whom  a  license  has  been  issued  has  been 
guilty  of  intemperance,  or  of  unworthy  or  disgraceful 
conduct,  his  license  shall  be  canceled,  and  his  name 
stricken  from  the  registered  list  of  teachers.  (As  amend- 
ed.) 

3590.  Teachers'  institutes  to  be  organized. — It  shall  be 
the  duty  of  the  board  of  education  in  each  county  to  or- 
ganize and  maintain  therein  teachers'  institutes,  one  for 
teachers  who  are  white  persons,  and  one  for  teachers. 
who  are  colored  persons,  to  be  held  at  such  times  and 
places  as  the  board  may  prescribe;  but  there  shall  not- 
be  less  than  ten  licensed  teachers  in  the  county  of  the 
race  for  whom  such  institutes  shall  be  organized. 


23 

3591.  Officers  and  members  of  institutes;  no  fee  imposed 
without  consent. — The  county  superintendent  of  educa- 
tion shall  be  the  president  of  such  institutes,  and  the 
members  of  the  board  of  education  shall  be  the  vice- 
presidents  thereof,  one  of  whom  shall  preside  over  its 
meetings  in  the  absence  of  the  president ;  the  other  offi- 
cers thereof  may  be  elected.  Every  teacher  of  the  coun- 
ty holding  a  license  shall  be  a  member  of  the  institutes 
organized  for  his  race.  But  no  fee  or  assessment  shall 
be  imposed  on  a  member  without  his  consent. 

3592.  Meetings  of  institutes . — There  shall  not  be  less 
than  three  meetings  in  each  year  of  such  institutes,  one 
of  which  shall  be  held  in  the  month  of  September,  and 
at  this  meeting  an  address  to  the  teachers  shall  be  made 
by  some  person  selected  by  the  educational  board  ;  and 
teachers  holding  licenses  shall  attend  at  least  one  of 
such  meetings. 

3593.  Business  of  institutes. — The  meetings  of  the  in- 
stitutes shall  be  devoted  mainly  to  discussions  and  in- 
structions in  regard  to  the  methods  of  teaching  and  dis- 
ciplining schools,  and  to  the  text-books  used,  and  other 
matters  connected  with  the  schools  and  school  laws. 


Article  VIII. 

DISTRICTS  ;    SCHOOLS  ;    SCHOLASTIC    PERIODS. 

3594.  School  districts;  establishment  and  supervision; 
capacity  to  hold  property. — Every  township,  and  fraction 
of  a  township,  which  is  divided  by  a  State  or  county 
line,  or  any  river,  creek,  or  mountain,  or  other  barrier 
rendering  intercourse  between  the  different  portions  of 
the  township  difficult,  and  every   incorporated   city  or 


24 

town  having  three  thousand  inhabitants,  or  more,  shall 
constitute  a  separate  school  district ;  and  each  of  them 
shall  be  under  a  township  superintendent  as  to  all  mat- 
ters connected  with  public  schools.  Each  township,  or 
other  school  district,  in  its  corporate  capacity,  may  hold 
real  and  personal  property  ;  and  the  business  of  such 
corporations,  in  relation  to  public  schools  and  school 
lands,  shall  be  managed  by  the  township  or  district  trus- 
tees. 

3595.  Pupils  entitled  to  instruction  in  public  schools.-— 
Every  minor  over  the  age  of  seven  years  shall  be  entitled 
to  admission  into,  and  instruction  in  any  public  school 
of  his  or  her  own  race  or  color  in  this  State. 

3596.  Child  may  not  attend  more  than  one  school. — No 
child  who  has  attended  a  public  school  the  number  of 
days  to  which  it  is  entitled  as  a  pupil  in  that  school, 
shall  attend  another  during  the  same  scholastic  year, 
unless  by  consent  of  a  majority  of  the  trustees  of  the 
township  in  which  such  other  is  situated. 

3597.  When  non-residents  entitled  to  school  privileges. — 
Any  parent  or  guardian  residing  in  the  State  who  shall 
pay  a  local  or  special  school  tax  on  real  estate  valued  at 
five  hundred  dollars  or  more,  in  any  city,  township,  or 
separate  school  district,  shall  be  entitled  to  the  privil- 
eges and  benefits  of  the  public  schools  in  such  city, 
township,  or  separate  school  district,  for  their  children, 
the  same  as  parents  and  guardians  resident  therein. 

3598.  Scholastic  jjeriods. — The  scholastic  year  shall 
begin  on  the  first  day  of  October  of  each  year,  and  end 
on  the  thirtieth  day  of  September  of  the  following  year ; 
twenty  days  shall  constitute  a  school  month,  and  a 
school  day  shall  be  not  less  than  six  hours. 

3599.  Public  examinations,  and  certificates  of  pupils. — 
Public  examinations  must  be  held  in  the  public  schools 
at  least  once  in  every  year  ;  and  when  the  board  of  edu- 


26 

•cation  shall  be  satisfied  that  any  pupil  has  become  thor- 
oughly educated  in  all  the  branches  of  free  instruction  ia 
any  one  of  such  schools,  they  shall  give  to  him  or  her  a 
certificate  to  that  efi'ect. 

3600.  Separate  schools  for  the  two  races. — In  no  case 
shall  it  be  lawful  to  unite  in  one  school  children  of  the 
white  and  colored  races. 


Article  IX. 

APPORTIONMENT  OF  SCHOOL  FUND  ;    DISBURSEMENT. 

3601.  Auditor  certifies  amount  of  educational  fund  ;  svr- 
pcrintendent  apportions. — On  the  first  day  of  October  of, 
each  year,  or  as  soon  thereafter  as  practicable,  the  audi- 
tor shall  certify  to  the  superintendent  of  education  the 
amount  of  money  which  has  accrued  and  been  placed  by 
him  to  the  credit  of  the  educational  fund  for  the  scholas- 
tic year  commencing  on  that  day,  stating  specifically  the 
amount  derived  from  each  source,  and  any  unexpended 
balance  there  may  be  from  the  appropriation  of  the  pre- 
vious year  to  be  carried  forward  ;  and  the  amount  so  cer- 
tified shall  be  apportioned  by  the  superintendent  of  edu- 
cation, and  be  drawn  and  disbursed  as  provided  by  law. 

3602.  Contingent  expenses  and  amount  for  normal 
schools  set  apart ;  residue  apportioned. — As  soon  as  such. 
certificate  is  received  by  the  superintendent  of  education, 
he  shall  set  apart  out  of  the  general  fund  a  sufficient 
amount  to  pay  such  expenses  of  the  department  of  edu- 
•cation  as  are  by  law  payable  out  of  such  fund,  and  tha 
amount  necessary  to  cover  the  expenses  of  normal 
schools  ;  and  he  shall  then  apportion  all  the  balance  of 
such  fund,  as  nearly  as  practicable,  among  the  several 


townships  and  school   districts  in  the  State,  as   herein- 
after provided. 

3603 .  Amounts  apportioned  certified  to  auditor  ;  no  war- 
rants drawn  in  >exces8 ;  balance  unapportioned  certified  to 
treasurer. — As  soon  as  such  amounts  have  been  set  apart, 
and  such  apportionment  has  been  made,  the  superinten- 
dent of  education  shall  certify  to  the  auditor  the  amount 
set  apart  for  each  particular  purpose  or  appropriation, 
and  the  total  amount  of  the  apportionment  to  the  sev- 
eral school  districts  in  each  county,  and  the  auditor  shall 
see  that  no  warrants  are  drawn  against  the  educational 
fund,  for  any  purpose,  for  any  amount  in  excess  of  the 
amounts  so  certified  as  set  apart  and  apportioned  ;  and 
he  shall  certify  to  the  treasurer  the  amount  of  the  school 
revenue,  exclusive  of  poll  tax,  unapportioned  by  the  su- 
perintendent of  education  ;  and  the  treasurer  shall  set 
apart  the  amount  out  of  the  money  received  from  the 
taxes  of  the  current  year,  and  he  shall  keep  the  same 
separate  and  apart  from  all  other  reveunes,  and  shall 
not  pay  out  any  of  such  money  except  upon  warrants  for 
school  purposes. 

8604.  Interest  on  sixteenth  section  or  other  trust  fund 
first  set  apart ;  effect  of  apportionment. — In  making  the  ap- 
portionment of  school  money  to  the  several  districts,  the 
superintendent  of  education  shall  first  set  apart  to  each 
township,  or  other  school  district,  the  amout  due  from 
the  State  thereto  as  interest  on  its  sixteenth  section  fund, 
or  other  trust  fund  held  by  the  State  ;  and  all  townships 
or  school  districts,  having  an  income  from  such  source,. 
or  from  the  lease  or  sale  of  sixteenth  section  lands,  shall 
not  receive  anything  out  of  the  balance  of  the  educational 
fund  to  be  apportioned,  until  all  other  townships  or 
school  districts,  having  no  trust  fund,  shall  have  received 
from  the  general  fund  such  amount  as  will  give  them  an. 


27 

equal  per  capita  apportionment   with  the  townships  or 
districts  having  such  income. 

3605.  Apportionment;  basis  of,  and  how  made. — The 
superintendent  of  education  shall  apportion  the  educa- 
tional fund  to  the  respective  townships  or  school  dis- 
tricts, subject  to  the  provisions  of  the  preceding  secti«n^ 
according  to  the  latest  official  returns  of  the  enumera- 
tion of  school  population  of  the  townships  or  other 
districts,  which  have  been  made  to  his  office^ 
and  according  to  the  entire  number  of  children  of 
school  age  in  each  township  or  school  district ;  but  when 
the  township  trustees  of  any  township  or  district  have 
failed  to  make  and  return  the  census  enumeration  of 
their  township  or  district  as  required  by  law,  and  when 
the  superintendent  of  education  has  not  caused  a  new 
enumeration  to  be  made,  the  superintendent  of  education, 
shall  make  the  apportionment  to  such  township  or  dis- 
trict, according  to  the  best  information  he  can  obtain  as 
to  the  school  population  of  such  township  or  district; 
but  in  no  event  shall  he,  in  case  of  such  failure,  estimate 
the  school  population  of  any  such  district  or  township  at 
more  than  the  number  shown  by  the  last  official  report  to 
his  office. 

3606.  Apportionment  recorded,  and  certified  t^)  county  sti- 
perintendents  ;  when  contracts  for  schools  invalid. — As  soon 
as  such  apportionment  is  completed,  the  superintendent 
of  education  shall  have  the  same  recorded  in  his  office, 
in  books  kept  for  that  purpose,  showing  the  amount 
which  has  been  apportioned  to  each  school  district,  and 
the  source  or  sources  from  which  the  same  was  derived, 
the  ainomit  to  each  district,  atid  the  number  of  children 
in  the  district  upon  which  the  apportionment  was  based; 
and  he  shall  then  furnish  to  each  county  superintendent 
of  education  a  certified  copy  from  such  books,  showing 
the  dividends  of  the  educational  fund  to  each  township 


28 

or  district  under  the  latter's  supervision  ;  and  the  amount 
so  divided  and  certified  shall  be  the  total  amount  which 
each  of  such  school  districts  shall  be  entitled  to  receive 
from  the  State,  except  the  poll  tax,  during  the  current 
scholastic  year  ;  and  no  contract  to  pay  for  any  school  or 
schools,  for  any  district,  more  than  the  amount  thus  ap- 
portioned to  it,  together  with  such  poll  tax  as  it  may  re- 
ceive, and  such  funds  as  may  be  in  hand  from  any  pre- 
vious year,  shall  be  valid  against  the  State  or  township. 

3607.  Poll  tax  received  by  each  county. — Each  county 
shall  receive  as  school  money  all  the  poll  tax  collected 
therein  ;  and  the  same  shall  be  its  full  distributive  share 
of  the  aggregate  poll  tax  collected  in  the  State. 

3608.  Each  township  and  race  entitled  to  its  poll-tax. 
Each  township  or  other  school  district  is  entitled  to  re- 
ceive, for  the  support  of  the  public  schools  therein,  all 
the  poll-tax  raised  in  and  for  such  township  or  district ; 
and  the  county  superintendent  of  education  of  each 
county  and  the  township  trustees  of  each  township  shall 
see  that  the  amount  of  poll-tax  paid  by  white  persons 
shall  be  applied  exclusively  to  the  maintenance  of  schools 
for  white  pupils,  and  that  paid  by  colored  persons  exclu- 
sively for  the  mainteance  of  schools  for  colored   pupils. 

8609.  Amount  due  each  county  apportioned  and  certified 
to  auditor. — The  superintendent  of  education  shall  by 
the  tenth  day  of  October  in  each  year,  or  as  soon  there- 
after as  practicable,  apportion  to  every  county  the 
amount  of  school  money  such  county  will  be  entitled  to 
receive  for  the  scholastic  year  from  all  sources  except 
such  special  tax,  if  any,  levied  for  school  purposes  in 
any  county  ;  and  he  shall  certify  the  same  to  the  audi- 
tor. 

3610.  County  superintendents  shall  make  pay-rolls . — On 
the  fifteenth  days  of  March,  June,  September  and  De- 
cember of  each  year,  the  county  superintendents  of  ed- 


29 

ucation  shall  make  in  duplicate,  for  each  race  separately, 
a  pay-roll,  showing  the  names  of  all  teachers  engaged 
in  teaching  public  schools  in  their  counties,  with  their 
postoflfice  address,  and  the  estimated  amount  that  will 
be  due  to  each  teacher  at  the  end  of  the  current  quarter 
from  the  funds  of  each  township  and  range  in  its  regu- 
lar numerical  order  ;  and  shall  append  thereto  an  affida- 
vit that  the  same  is  correct.  One  of  such  duplicate  pay- 
rolls shall  be  retained  by  the  county  superintendent,  and 
the  other  he  shall  forthwith  forward  to  the  superinten- 
dent of  education,  who  shall  examine  the  same,  and  if 
found  correct,  it  shall  be  approved  by  him  and  filed  with 
the  auditor. 

3611.  Auditor  shall  draw  warrant  in  favor  of  oovnty 
superintendent. — The  auditor  shall,  immediately  upon 
the  receipt  of  such  pay-roll,  draw  a  warrant  on  the  State 
treasurer  in  favor  of  the  county  superinte/ident  of  each 
county  for  a  sum  which  will  be  equivalent  to  the  amount 
estimated  to  be  due  on  said  payroll,  and  four  per  cen- 
tum thereon,  and  shall  file  said  warrant,  together  with 
the  pay-roll  upon  which  it  is  based,  with  the  treasurer, 
whereupon  it  shall  be  the  duty  of  the  treasurer  to  for- 
ward by  express  or  exchange,  at  the  expense  of  the  State, 
the  amount  of  such  warrant,  and  the  pay-roll  and  du- 
plicate receipts  for  said  sum,  including  the  express 
charge  or  exchange  premium,  if  any.  The  county  su- 
perintendent of  education  must  immediately  upon  re- 
ceipt of  said  sum,  sign  the  duplicate  receipts  and  return 
one  to  the  treasurer,  who  shall  attach  it  to  the  appropri- 
ate warrant,  and  the  other  shall  be  returned  to  the  au- 
ditor. 

3612.  Teachers  paid  and  receipts  taken. — Immediately 
upon  the  receipt  by  the  county  superintendent  of  the 
amount  of  the  quarterly  or  monthly  pay-roll,  he  shall 
pay  the  teachers,  taking  their  receipt?  therefor   on  both 


so 

copies  of  said  pay-roll,  and  must  by  the  fifteenth  day  of 
January,  April,  July  and  October,  return  one  copy  of 
such  receipted  pay-roll  to  the  superintendent  of  educa- 
tion. 

S613.  Auditor  must  prepare  blanks. — The  auditor  must 
prepare  the  necessary  blank  pay-rolls,  receipts  and  war- 
?ants  to  be  used  in  carrying  out  the  provisions  of  this 
article . 

3614.  Where  teachers  are  paid  monthly. — In  those 
cooaties  and  separate  school  districts  where  teachers  are 
ireqiuired  by  law  to  be  paid  monthly,  it  shall  be  the  duty 
&{  the  county  superintendent,  or  the  superintendent  of 
the  separate  school  district,  as  the  case  may  be,  to  make 
©ut  and  forward  to  the  superintendent  of  education  on 
the  twentieth  day  of  every  month,  a  pay-roll  as  provided 
in  this  article,  and  the  superintendent  of  education,  the 
auditor  and  the  treasurer  shall  each,  severally,  perform 
all  the  acts  and  duties  required  of  them  in  this  article 
as  in  other  cases. 

3615.  Balance  in  hands  of  county  superintendent  charged 
io  him. — Upon  the  return  of  the  receipted  pay-roll  to  the 
superintendent  of  education,  if  it  should  appear  that 
there  is  a  balance  in  the  hands  of  the  county  superin- 
tendent, the  amount  of  such  balance  shall  be  charged  to 
him  and  shall  be  deducted  from  the  amount  of  the  next 
quarterly  or  monthly  paj'^-roll. 

3616.  County  superintendent  failing  must  he  removed. 
Any  county  superintendent,  or  superintendent  of  any 
separate  school  district,  who  fails  to  make  and  return 
any  pay-roll  required  by  this  article,  or  who  fails  to  sign 
and  return  the  receipts  herein  provided  for,  or  who  fails 
to  pay  the  teachers  within  fifteen  days  after  the  receipt 
by  him  of  the  money,  or  who  fails  to  return  the  receipted 
pay-roll,  must  be  removed  from  office  by  the  superin- 
tendent of  education. 


31 

3617.  Apportionment  and  expenditure  of  local  school 
qnoney. — All  local  school  funds,  raised  for  the  support  of 
public  schools,  by  taxation  or  otherwise,  shall  be  appor- 
tioned and  expended  in  the  district  or  districts  in  and  for 
which  the  same  were  raised,  under  such  rules  and  reg- 
ulations as  the  township  trustees,  or  other  local  author- 
ity provided  by  law,  may  prescribe ;  but  this  section 
shall  not  be  construed  to  repeal  any  provision  for  the 
apportionment  and  disbursement  of  the  moneys  men- 
tioned in  this  chapter,  or  provided  for  in  special  or  local 
laws  ;  and  all  funds  contributed  by  private  parties,  or 
otherwise,  to  such  district  shall  be  applied  as  indicated 
in  the  grant  from  such  contributors ;  and  no  school 
moneys,  distributed  to  the  various  counties  from  the 
State  school  revenue  shall,  either  directly  or  indirectly, 
be  paid  foi  the  erection  of  schoolhouses,  for  the  use  of 
schoolroom  furniture,  or  any  other  contingent  expenses 
of  schools. 

3618.  Apportionment  of  income  from  trust  fund  when 
tow7iship  divided. — Whenever  a  township,  which  has  an 
income  from  a  trust  fund,  is  divided  by  a  State  or  county 
line,  or  otherwise,  into  separate  districts,  or  includes  a 
city  which  is  a  separate  school  district,  such  income 
must  be  divided  between,  and  apportioned  to  each  school 
district  in  such  township  according  to  the  school  popu- 
lation of  each. 

3619.  Funds  unused  for  two  years  apportioned  by  county 
superintendent. — The  county  superintendent  of  education 
shall,  in  the  same  manner  as  the  superintendent  of  ed- 
ucation is  required  to  apportion  the  general  school  fund, 
apportion  among  the  school  districts  under  his  supervision 
all  funds  received  by  him  for  any  particular  school  district 
or  race,  which  have  remained  unused  by  such  district  or 
race  for  two  years ;  and  he  shall  make  report  of  such  ap- 


32 

portionment  to  the  superintendent  of  education  as   soon 
therefter  as  practicable. 

3620.  Fund  once  apportioned,  not  used  for  other  pur- 
poses until  reapportioned. — Funds  which  have  accrued  aud 
have  been  apportioned  to  any  district  or  race,  shall  not 
be  used  for  the  benefit  of  any  other  district  or  race,  un- 
til the  same  shall  have  reverted  to  the  general  fund,  and 
been  reapportioned  under  the  provisions  of  the  last  pre- 
ceding section. 

3621 .  What  part  of  income  new  districts  are  entitled  to . — 
Whenever  any  separate  school  district  is  created,  which 
shall  embrace  parts  of  two  or  more  townships,  such  dis- 
trict shall  receive  its  proportionate  share  of  the  income 
from  any  trust  fund  belonging  to  either  or  both  of  such 
townships,  according  to  its  school  population. 

3622.  Contingent  fund  for  department   of  education. — 
The  State  treasurer  shall  annually  set  apart,   out  of  any 
money  in  the  treasury  not   otherwise    appropriated,   the 
Bum  of  one  thousand  dollars,   as  a  contingent  fund   for 
the   department  of    education ;    and   whenever  it  shalJ. 
become  necessary  to  draw  on  such  fund,  the  superinten- 
dent of  education  shall  certify  the  amount  necessary,  and. 
for  what  purpose ,  to  the  auditor,  who  shall  draw  his  war- 
rant on  the  treasurer   for  such    amount.     The  superin- 
tendent of  education  shall  keep  an   accurate  account   of 
all  sums  which  he  shall  certify  to   be  paid  out  of   such 
contingent  fund,  and  shall   furnish  an    itemized    state- 
ment thereof  to  the  governor  each  year,  with  his  annual 
report. 

3623.  Unexpended  part  of  such  fund  credited  to   next- 
year. — At  the  close  of  each  scholastic  year,  any  part  of" 
the  appropriation  for  the  educational  contingent    fund, 
which  may  not  be  then  expended,  shall   be   carried  for- 
ward by  the  auditor   and   superintendent  of   education, 
and  placed  to  the  credit  of,  and  become  a  part  of  the  one 


S3 


thousand  dollars  appropriaied  for  the   educational  con- 
tingent fund  of  the  next  succeeding  year. 


Article  10. 
township  corporations. 


364     Incorporation  of  townships. — The  inhabitants   of 
each   township   in   the   State  are   incorporated   by   the 

name  of  "Township  ,  in  range , "  according 

to  the  number  of  the  surveys  of  the  United  States. 


Article  11. 
school  lands ;  lease  and  sale. 

3625.  What  are  school  lands,  and  in  whom  vested. — 
School  lands,  within  the  meaning  of  this  code,  are  sec- 
tions numbered  sixteen,  in  every  township,  granted  by 
the  United  States  for  the  use  of  schools  in  the  town- 
ship, and  such  other  lands  s«  may  have  been  granted  to 
to  any  township  for  the  use  of  schools  ;  and  all  school 
lands  are  vested  in  the  State,  in  trust  to  execute  the  ob- 
jects of  the  grant. 

3626.  Timber  lots  reserved. — The  township  trustees, 
after  the  surveys  and  plats  provided  for  in  this  article, 
may  select  such  lots  as  they  think  proper,  to  reserve 
from  cultivation  for  the  benefit  of  the  timber  thereon,  and 
must  mark  the  same  "reserved"  on  the  plat  thereof. 
.3627.  Other  lands  leased;  terms  of  lease. — The  town- 
ship trustees  may  lease  for  not  exceeding  five  years,  the 
lots  so  laid  out  and  not  reserved,  and  may   stipulate  for 


34 

such  improvements  as  they  may  deem  expedient,  and 
may  require,  if  they  think  proper,  security  for  rents  and 
improvements,  the  rent  is  to  be  paid  annually,  but  in 
case  of  improvements,  they  may  stipulate  for  the  rent 
to   commence  after  the  commencement  of  the  lease. 

3628.  Re7it  payable  to  the  township . — All  notes,  bonda 
and  contracts  for  the  lease  of  school  lands  are  to  be 
made  payable  to  the  township  by  its  corporate  name. 

3626.  Lands  rented  at  public  auction;  notice. — All 
school  lands  must  be  leased,  at  some  place  in  the 
township  at  public  auction  ;  and  at  least  six  weeks' 
previous  notice  must  be  given  by  advertisement  at  three 
public  places  in  the  township,  designating  the  time  and 
place  ;  and  such  other  notice  may  be  given  as  the  town- 
ship trustees  may  deem  expedient. 

3680.  Duties  of  lessee. — The  lessee  is  bound  to  treat  the 
land,  houses  and  improvements  in  a  careful  anhusband- 
manlike  manner ;  to  commit  no  waste  ;  and  he  must 
comply  with  such  further  restrictions  as  the  township 
trustees  may  deem  expedient  to  insert  in  the  lease ; 
and  if  such  lessee,  or  any  person  claiming  under  him, 
commits  waste,  or  fails  to  pay  the  rent,  or  to  comply 
with  any  other  stipulation  in  the  lease,  the  township 
trustees  have  the  right  to  declare  the  lease  forfeited. 

3631.  Timber  lots;  how  used. — The  lots  reserved  for 
timber  are  for  the  common  benefit  of  the  lessees  of  the 
other  lots;  but  no  timber  must  be  cut  down,  injured, 
or  destroyed,  as  long  as  there  is  sufficient  on  the  other 
lots,  which  the  township  trustees  are  to  determine ; 
and  the  lessees  must,  in  no  case,  cut  down,  injure  or 
destroy  such  timber  without  permission  from  the  town- 
ship trustees,  which  may  be  given  on  such  terms  as 
they  may  think  proper,  having  due  regard  for  the  inter- 
est of  the  township. 

8632.'    PermUy- fw  injuries  to  timber. — Any  person  who, 


I 


35 

vfithout  authority,  cuts  down,  injures,  or  destroys  any 
tree  on  school  lands,  shall  forfeit  and  pay  for  every  such 
tree  ten  dollars,  to  be  recovered  before  any  court  having 
jurisdiction,  in  the  corporate  name  of  the  township. 

3633.  Fines  paid  into  treasury  for  school  fund. — All 
fines  and  forfeitures  under  the  preceding  section  shall 
be  paid  into  the  State  treasury,  and  added  to  the  prin- 
cipal of  the  school  fund  of  the  township. 

3634.  Report  of  income  from  school  lands. — When  any 
part  of  the  sixteenth  section  or  other  school  lands  in  any 
township  has  been  rented  or  leased,  it  shall  be  the  duty  of 
the  township  trustees  to  report  at  once  to  the  county  super- 
intendent in  writing  a  description  of  the  lands,  to  whom 
rented  or  leased,  the  time  when  due  and  how  the  \  ay- 
ment  is  secured.  It  shall  be  the  duty  of  the  county 
superintendent,  as  soon  as  this  report  is  received  by  him, 
to  file  the  same  in  his  office,  and  to  report  to  the  super- 
intendent of  education  all  the  facts  contained  in  the  re- 
port of  the  township  trustees.  It  shall  be  the  duty  of 
the  township  trustees  when  money  is  paid  to  them  on 
such  rentiugs  or  ieases  to  report  at  once  the  amount,  and 
on  what  account  paid,  to  the  county  superintendent, 
whose  duty  it  shall  be  to  report  the  same  to  the  superin- 
tendent of  education,  being  careful  to  give  the  number 
of  the  township  and  range  and  for  what  year  the  rental 
or  lease  money  was  paid. 

3635.  Election  as  to  sale  of  school  lands. — The  town- 
ship trustees  of  any  township  may,  on  giving  twenty 
days'  notice  by  advertisement  at  three  of  the  most  public 
places  therein,  hold  an  election  to  ascertain  the  sense  of 
the  township  respecting  the  sale  of  school  lands  belong- 
ing thereto,  and  may  appoint  the  place  where  such  elec- 
tion is  to  be  held ;  and  three  inspectors  to  manage  the 
same. 

[Tankersly  y.  State  Bank,  6  Ala.  277.] 


36 

3636.  Oath  of  inspectors  of  election. — The  inspectors, 
before  holding  such  election,  must  take  an  oath  to  con- 
duct the  same  fairly,  which  may  be  administered  by  one 
to  the  other;  and  they  maj   appoint  clerks. 

3637.  Absence  of  inspectors. — If  any  inspectors  are 
absent,  those  present  may  supply  their  places,  and  if 
none  attend,  any  three  freeholders  or  householders  of 
the  township  may  act. 

3638.  Polls. — The  polls  are  to  be  opened  at  eleven  in 
the  morning  and  closed  at  five  in  the  afternoon, 

8639.  Manner  of  voting.  —Voters  may  prepare  their 
own  ballots,  notwithstanding  any  general  law  to  the 
contrary,  and  must  write  thereon  "Sale"  or  "No  sale," 
and  deposit  them  in  the  ballot-box  ;  and  the  inspectors, 
after  ascertaining  the  result,  must  certify  the  same  to 
the  township  trustees,  who  must  declare  the  result. 

3640.  If  majority  for  sale,  survey  made,  and  minimum 
price  fixed. —  li,  on  such  election,  a  majority  of  the  legally 
qualified  voters  of  the  township,  voting  thereat,  are  in 
favor  of  a  sale,  the  township  trustees  must  have  the  lands 
surveyed  and  divided  into  lots  so  as  to  command  the 
highest  price,  have  a  plat  of  such  survey  made,  and, 
being  sworn  to  fairly  value  such  lots,  fix  a  miniraum 
price  upon  each. 

3641.  Plat  to  he  kept  open  to  inspection. — Such   plat, 
with  the  minimum  price  marked   upon  each  lot,  is  to  be 
kept  by  the  township  trustees   open  to  the  inspection  of 
all  persons  desiring  to  examine  the  same. 

3642.  Notice  of  sale. — As  soon  as  the  lands  are  sur- 
veyed, the  township  trustees  must  give  thirty  days* 
notice  of  the  time  and  place  of  sale  by  advertisement  at 
three  public  places  in  the  township  and  in  such  other 
mode  as  they  may  think  proper. 

3643.  Sale  at  public  auction;  terms  of  sale. — On  the 
dayrappointed  for  the  sale,  between  the  hours  of  eleven-* 


37 

in  the  morning  and  two  in  the  afternoon,  each  lot  must 
be  offered  separately,  and  sold  at  public  auction  to  the 
highest  bidder  at  or  above  the  minimum  price.  If  such 
minimum  price  is  fifty  dollars,  or  under,  the  sale  must 
be  for  cash  ;  if  the  minimun  price  is  over  fifty  dollars, 
but  not  more  than  one  hundred  and  fifty  dollars,  the 
sale  must  be  on  a  credit  of  one  year,  unless  the  amount 
bid  for  the  lands  should  exceed  one  hundred  and  fifty 
dollars,  in  which  event  the  sale  must  be  on  a  credit  of 
one  and  two  years,  in  equal  annual  installments  ;  if  the 
minimum  price,  or  the  amount  bid  for  the  lands,  is  one 
hundred  and  fifty  dollars,  or  over,  but  less  than  three 
hundred  dollars,  the  sale  must  be  on  a  credit  of  one  and 
two  years,  in  equal  annual  installments  ;  if  the  mini- 
mum price,  or  the  amount  bid  for  the  lands  is  over  three 
hundred  dollars,  but  less  than  five  hundred  dollars,  the 
sale  must  be  on  a  credit  of  one,  two,  and  three  years,  in 
equal  annual  installments  ;  and  if  the  minimum  price, 
or  the  amount  bid  for  the  lands^  is  five  hundred  dollars, 
or  more,  the  sale  must  be  on  a  credit  of  one,  two,  three, 
and  four  years,  in  equal  annual  installments  when  the  sale 
is  on  a  credit,  the  purchaser  must  give  liis  notes,  with  two 
or  more  sureties,  approved  by  the  township  trustees,  pay- 
able to  the  State  of  Alabama,  for  the  use  of  the  town- 
ship, designating  it  by  ils  number  and  range,  and  speci- 
fying, by  the  legal  subdivisions,  the  particular  portion 
or  portions  of  the  section  for  which  the  notes  are  given. 
All  notes  for  purchase  of  school  lands,  sold  under  the 
provisions  of  this  article,  must  bear  interest  at  the  rate 
of  eight  per  cent,  per  annum  from  date. 

3644.  Provisions  directory. — The  provisions  of  this 
article,  in  relation  to  the  sale  of  school  lauds,  must  be 
construed  as  directory  only. 

3645.  Report  oj^  sale,  disposition  of  purchase  money  and 
notes. — The  township  trustees,  within  twenty  days  after 


88 

Buch  sale,  must  make  return  thereof  to  the  superinten- 
dent of  education,  specifying  the  date  of  the  sale,  the^ 
names  of  the  purchasers,  the  quantity  and  a  particular 
description  of  the  land  sold  to  each,  the  price  paid,  or  to 
be  paid,  by  each  purchaser,  and  the  amount  of  the  pur- 
chase money  retained  to  defray  the  expenses  of  the  sur- 
vey and  sale  ;  and  they  must,  at  the  same  time,  pay  over 
to  the  superintendent  of  education  all  the  money  which 
may  have  been  received  by  them  as  purchase  money  for 
such  lands,  after  deducting  such  amount  as  they  may  be 
allowed  by  law  to  retain  to  defray  the  expenses  of  the 
survey  and  tile;  and  also,  at  the  same  time,  turn  over  to 
the  superintendent  of  education  all  notes  which  may  have 
been  taken  by  them  for  such  lands  ;  and  the  superinten- 
dent of  education  must  give  them  a  receipt  for  such 
money  and  notes,  and  file  the  return  and  notes  in  his 
office,  and  make  proper  record  of  the  notes. 

3646.  Resale  of  lands. — If  any  purchaser  fails  to  make 
the  payment,  or  to  give  his  notes  with  approved  sureties, 
as  required,  the  land  bid  off  by  him  must  be  immediately 
resold,  if  practicable,  but  if  it  is  not  practicable  to  make 
the  resale  at  once,  it  must  be  advertised  and  resold  at  a 
future  day,  as  if  no  sale  had  been  made  ;  and  the  first 
purchaser  shall  be  responsible  for  the  difference  between 
his  bid  and  the  amount  for  which  the  land  is  subse- 
quently sold,  if  such  amount  is  less  than  the  bid  of  such 
lirst  purchaser. 

•  3647.  Certificate  of  purchase. — The  township  trustees 
on  receiving  from  the  purchaser  the  cash  payment,  and 
his  notes  for  the  deferred  payments,  must  give  to  him  a 
certificate  of  purchase,  describing  the  laud  purchased, 
and  showing  the  number  of  acres,  and  the  amount  of  the 
purchase  money. 

3648.  Effect  of  certificate  of  purchase. — Such  certificate 
conveys  to  the  purchaser,  his  heirs,  or  assigns,   a  condi- 


39 

tional  estate  in  fee,  to  become  absolute  on  the  payment 
of  the  purchase  money  and  interest,  and  to  revert  to  the 
State  for  the  uses  originally   granted  in    the  following 

cases : 

1.  When  all  the  notes  have  become  due,  and  the 
makers  have  left  the  State,  or  died  insolvent. 

2.  When  a  recovery  on  such  notes  is  defeated  by  any 
defense  avoiding  the  contract  of  sale. 

3.  When  a  recovery  is  had  against  all  the  makers, 
and  execution  has  been  returned  "no  property"  by  the 
proper  officers  of  the  county  in  W'iich  the  township  lies  ; 
or  when  judgment  is  had,  aad  execution  returned  against 
any  one  or  more  of  such  makers  "no  property,"  and  the 
others  have  left  the  State,  or  died  insolvent. 

3649.  Revesting  of  title  ;  clerk  to  certify  facts  ;  penalty 
for  failure;  costs. — No  proceeding  is  necessary  to  revest 
the  title  in  the  State  on  the  happening  of  the  events 
specified  in  the  preceding  section,  but  such  lands  may  be 
recovered  in  the  name  of  the  State,  for  the  use  of  the 
township,  against  any  person  in  possession  of  the  same, 
upon  proof  of  the  facts ;  and  it  is  the  duty  of  the  clerk 
of  the  court  in  which  the  suit  was  pending,  or  the  judg- 
ment recovered,  to  certify  the  facts  to  the  superintendent 
of  education,  on  the  happening  of  the  events  specified  in 
the  second  and  third  subdivisions  of  the  preceding  sec- 
lion,  and  failing  to  do  so  within  a  reasonable  time,  he 
forfeits  the  sum  of  one  hundred  dollars  ;  one-half  to  the 
persons  suing  for  the  same,  and  the  other  to  the  State 
for  the  use  of  the  township.  When  no  money  is  recov- 
ered in  suits  on  notes  for  purchase  money  of  school 
lands,  no  costs  must  be  taxed  against  the  township  for 
such  suits. 

3650.  Compensation  to  township  trustees  ;  penalty  for 
certain  defaults. — For  holding  the  election  and  making 
the  sale  as  provided  in  this  article,  the  township  trustees 


40 

ahall  be  entitled  to  two  dollars  each,  wliich,  together 
with  the  amount  which  may  be  allowed  by  law  to  the 
county  surveyor  for  making  the  surveys  and  plats  herein 
provided  for,  shall  be  retained  by  them  out  of  the  pur- 
chase moaey  for  the  lands  ;  and  purchasers  shall,  in  all 
cases,  pay  enough  cash  to  defray  such  expenses  ;  and  if 
the  township  trustees  fail  to  return  the  sale,  or  purchase 
money  notes,  or  to  pay  over  the  money  received  on  ac- 
count of  purchase  money,  to  the  superintendent  of  educa- 
tion, as  required  by  law,  he  shall  forfeit  one  hundred 
dollars,  one-half  to  the  person  suing  for  the  same,  and 
the  other  to  the  State  for  the  use  of  the  township  ;  and 
on  the  trial,  the  certificate  of  the  superintendent  as  to 
such  failure  is  presumptive  evidence  thereof, 

3651.  Fines  go  to  school  fund. — The  amount  received 
by  the  State  upon  recoveries,  had  under  the  last  two  pre- 
ceding sections,  is  to  be  added  to  the  principal  of  the 
school  fund  of  the  township. 

3652.  Patent. — A  patent  issues,  on  the  payment  of  the 
purchase  money,  to  the  purchaser,  his  heirs,  or  assigns; 
and  when  the  patent  is  to  the  heirs,  it  vests  a  title  in  all 
persons  entitled  to  claim  in  that  capacity  under  the  pro- 
visions of  this  code. 

3653 .  Issue  of  patent  by  secretary  of  State  ;  correction  of 
mistake  — The  secretary  of  State  must  issue  patents,  upon, 
satisfactory  evidence  furnished  him  of  full  payment  of 
purchase  money,  to  any  person,  agent,  or  officer,  legally 
authorized  to  receive  such  payment ;  and  upon  proof  of  a 
mistake  in  the  issue  of  any  patent,  he  must  correct  the 
same,  or  issue  a  new  patent  on  the  return  of  the  original 
to  his  office. 

3654.  Issue  of  patents  in  other  cases. — Except  under 
the  provisions  of  the  preceding  section,  no  patent  must 
issue  without  the  certificate  of  the  superintendent  of 
education  that  the  whole  amount  of  the  purchase  money 


41 

-specified  in  the  certificate,  with  all  interest  thereon,  has 
been  paid. 

3655.  Collectiou  of  past-due  notes. — All  notes  for 
school  lands  deposited  with  the  superintendent  of  edu- 
cation, if  not  paid  within  six  months  after  maturity, 
must  be  placed  with  the  attorney  general  for  collection ; 
but  this  section  shall  not  be  so  construed  as  to  prevent 
the  superintendent  of  education  from  ordering  suit  on 
notes  at  any  time  after  maturity,  when  so  ordered  by 
the  township  trustees,  or  the  sureties  on  the  notes. 

3656.  Appointment  of  agents  for  collection  of  notes. 
The  attorney  general  may  appoint  agents  for  the  collec- 
tion of  such  notes,  being  responsible  for  any  neglect  on 
the  part  of  such  agents. 

3657.  Township  credited  with  collections  on  notes. — All 
collections  on  notes  given  for  the  sale  of  school  lands 
must  be  paid  into  the  treasury  of  the  State,  to  the  credit 
of  the  proper  township. 

3658.  Proceeds  of  school  lands    covered   into   treasury ; 
faith  and  credit  of  State  pledged  for  payment   of  interest. 

Ail  funds  now  in  the  State  treasury  derived  from  the 
sale  of  sixteenth  section  or  other  school  lands,  or  which 
may  hereafter  accrue  from  sales  of  such  lands,  together 
with  the  redemption  money  of  other  lands  in  ^»  hich 
former  accumulations  have  been  invested  under  an  act 
approved  March  1,  1881,  entitled  "An  act  to  authorize 
the  compromise  and  settlement  of  claims  for  school 
lands  in  this  State,"  are  covered  into  the  State  treasury 
and  made  available  for  general  purposes  ;  and  the  faith 
and  credit  of  the  State  is  pledged  for  the  payment  of  the 
interest  on  such  fund  to  the  public  schools  of  the  State, 
at  the  rate  of  six  per  cent,  per  annum. 

3659.  Bonds    when  lands  about  to    he   sold  or    leased. 

When  any  township  trustees  are  about   to  sell  or   lease 
-any  school  lands,  they  must  give   bond   with   sufficient 


42 

sureties,  payable  to  the  State,  in  a  sum  to  be  fixed  by 
the  county  superintendent  of  education,  equal  to  the 
value  of  the  school  lands  or  the  amount  of  the  school 
funds  of  their  township,  and  with  condition  to  discharge 
their  duties  faithfully  so  long  as  they  may  continue  in 
office  or  discharge  the  duties  thereof,  which  bond  must 
be  approved  by  the  county  superintendent  of  education 
and  by  him  filed  in  his  office. 

3660.  By  whom  duties  as  to  lands  performed  when  town- 
ship divided. — When  a  township  is  divided  into  two  or 
more  school  districts  the  county  superintendent  of  educa- 
tion, in  appointing  township  trustees  in  such  township, 
shall  designate  which  of  them  shall  discharge  the  duties 
and  exercise  the  powers  conferred  upon  township  trus- 
tess  touching  the  leasing,  selling  and  control  of  school 
lands  in  each  school  district. 


Article  XII. 

LEASE  AND   SALE  OP    SCHOOL  INDEMNITY  LANDS. 

3661.  Sale  of  school  indemnity  lands  authorized. — The 
superintendent  of  education  is  authorized  and  empow- 
ered to  sell  and  dispose  of  all  the  lands  which  have  been 
heretofore  or  may  hereafter  be  certified  to  the  State  for 
the  use  and  benefit  of  the  several  townships  in  which 
there  was  a  deficiency  in  the  amount  of  land  originally 
certified  to  the  State  for  their  benefit,  subject  to  the  ap- 
proval of  the  governor, 

3662.  Proceeds  of  sale;  how  disposed  of. — The  pro- 
ceeds arising  from  such  sales,  after  the  p?!.yment  of  all 
proper  costs  and  expenses  thereof,  shall  be,  by  the  super- 
intendent of  education  paid  into   the  State   treasury  to  I 


43 

the  credit  of  the  townships  to  which   the  same  may  be- 
long, in  the  proportion  of  their  interest  therein. 

3663.  Notes  taken  by  superintendent  of  education  held 
until  paid;  when  placed  with  the  attorney  general. — All 
notes  taken  by  the  superintendent  of  education  for  the 
purchase  of'  such  lands  must  be  held  by  him  until  the 
same  are  due,  and  if  not  then  paid,  may  be  placed  with 
the  attorney  general  for  collection. 

3664.  Manner  and  terms  of  sale. -^  Such,  sales  maybe 
made  from  time  to  time,  at  public  or  private  sale,  as  in 
the  judgment  of  the  superintendent  of  education  shall 
best  promote  the  interest  of  the  school  fund  of  the  State, 
and  shall  be  for  cash,  or  part  cash  and  part  on  time,  as 
the  superintendent  of  education  and  the  governor  may 
deem  best ;  but  in  no  case  shall  there  be  less  than  one- 
fourth  of  the  purchase  money  paid  in  cash,  and  the  re- 
mainder shall  be  payable  in  yearly  installments  to  ex- 
tend over  a  period  of  nou  more  than  three  years,  and 
shall  be  secured  by  notes  with  sureties  to  be  approved 
by  the  superintendent  of  education  and  shall  bear  inter- 
est from  the  date  of  the  sale. 

3665.  Lease  of  school  indemnity  lands. — The  superin- 
tendent of  education  may,  with  the  approval  of  the  gov- 
ernor, lease  out  any  of  such  lands  for  a  term  not  exceed- 
ing five  years,  or  may  enter  into  contracts  permitting 
persons  to  mine  iron  ore,  coal  or  other  minerals  there- 
from, upon  a  royalty,  for  a  terra  not  exceeding  twenty 
years  ;  and  the  net  proceeds  of  all  moneys  received  from 
the  lease  of  such  lands,  or  as  a  royalty  for  the  minerals 
mined  therefrom,  shall  at  the  end  of  each  fiscal  year  be 
paid  into  the  State  treasury  to  the  credit  of  the  town- 
ships to  which  such  lands  belong,  in  the  proportion  of 
their  interest  therein. 

3666.  Provisio7is  applicable. — The  provisions  of  the 
preceding  article  relating  to  trespasses  upon  school  lands, 


fe^.  oertificate  of  purchase,   revesting  title,   patent, 
t^e- collection  and  application  of  proceeds   of  sales, 
ai^Iy  to  sales  under  this  article  so  far  as  applicable. 


LAWS  NOT  IN  CODE  OF  1896u 


An  Act 


To  establish  a  uniform  system  for  the  examination  aaJl 
licensing  of  teachers  of  public  schools.  Approwal 
Febjuary  10,  1899  ;  amended  February  8,  1901. 

Skction  1.  Be  it  enacted  by  the  general  assembly  mf 
Alabama,  That  there  shall  be  constituted  a  State  boarA«ff 
examiners,  to  be  composed  of  the  superintendent  ^il  «d*- 
cation,  who  shall  be  the  president  of  the  board,  aadtw* 
other  persons,  to  be  appointed  by  him,  who  shsQl  fc» 
teachers  of  extensive  experience  and  recognized  abilify. 
The  term  of  office  of  said  board  shall  be  co-equal  vpidi 
that  of  the  superintendent  of  education. 

Sec.  2.  (As  amended).  Be  it  further  enacted^  Tkttb 
the  said  State  board  of  examiners  shall  meet  during  iha 
months  of  November  and  May  of  each  year  and 
prepare  questions  for  the  examination  of  teachers. 

Sec.  3.  (As  amended) .  Be  it  further  enacted^ 
the  president  of  the  State  board  of  examiners  shall  ci 
lists  of  the  questions  so  prepared  to  be  printed, 
shall,  on  or  before  the  15th  day  of  December  and  JSTi 
of  each  year  send  to  each  person  appointed  to  coadaet 
examinations  in  the  counties  of  the  State  a  ~nffirirmtnniM 
ber  of  the  lists  of  questions  so  prepared  and  printed  far 
the  conducting  of  the  examinations  in  their  respecliiw 
counties  as  hereinafter  provided ;  that  the  questions  nm 
sent  shall  be  enclosed  in  a  sealed  envelope,  on  the 
of  which  shall  be  plainly  written  or  printed  the 
"questions  for  the  examination  of  teachers."  The 
of  said  envelope  shall  not  be  broken  except  \a&  liesEii 
after  provided . 


46 

Sec.  4.  (As  amended) .  Be  it  further  enacted,  That 
the  first  Mondays  in  January  and  July  be  appointed  for 
the  examination  of  teachers.  The  examination  may  be 
continued  from  day  to  day  for  three  consecutive  days,  if 
such  continuance  shall  be  necessary  for  the  completion  of 
the  work  of  examination,  but  no  examination  shall  be 
begun  on  any  other  day  than  the  first  day  mentioned  in 
this  section.  No  examination  shall  be  held  ar  any 
other  time.  Provided,  That  the  State  board  of  examin- 
ers may  hold,  at  the  department  of  education  in  Mont- 
gomery, special  examinations  for  the  benefit  of  persons 
who  are  prevented  from  taking  the  regular  examination 
by  sickness,  absence  from  the  State,  or  other  unavoid- 
able cause.  Each  person  taking  a  special  examination 
shall  pay  the  state  board  of  examiners  a  fee  of  five  dol- 
lars. Special  examinations  shall  be  equal  in  all  respects 
to  the  regular  examination.  Provided,  further,  that  in 
order  to  accommodate  normal  school  pupils  who  are  re- 
quired by  this  act  to  take  State  examination,  the  state 
board  of  examiners  may  hold  at  such  tipaes  and  places 
as  they  may  deem  advisable  an  examination  for  these 
pupils,  and  at  such  examination  the  regular  fees  shall 
be  paid  by  applicants,  and  no  person  not  a  bona  fide 
matriculate  of  a  normal  school  shall  be  admitted  to  the 
examination. 

Sec.  5.  (As  amended.)  Be  it  further  enacted,  That 
the  regular  examination  shall  be  conducted  in  each 
county  by  the  county  superintendent  of  education  of  the 
same,  unless  for  good  and  substantial  reasons  the  said 
state  board  of  examiners  shall  deem  it  best  to  select  for 
this  service  another  person  appointed  for  that  purpose 
by  the  state  board  of  examiners,  and  if  he  shall  be  una- 
ble, by  reason  of  sickness,  or  other  unavoidable  neces- 
sity to  conduct  the  same,  then  by  some  other  competent 
person  appointed   for  that   purpose  by   him.     Siaid  ex- 


47 

amination  shall  begin  at  10  o'clock  a.  m.,  of  the  day 
appointed  by  section  4  of  this  act,  at  which  hour  the 
person  appointed  to  conduct  the  examination,  shall,  in 
the  presence  of  the  applicants  for  the  examination,  break 
the  seal  of  the  envelope  containing  the  lists  of  questions, 
and  shall  distribute  the  questions  among  the  applicants. 
All  the  applicants  shall  undergo  the  examination  in  the 
same  room,  or  in  sight  of  the  person  appointed  to  con- 
duct the  examination.  Provided,  that  the  provisions  of 
this  act  referring  to  the  special  examination  of  normal 
school  students  shall  apply  only  to  those  who  had  grad- 
uated prior  to  the  passage  of  this  act. 

Sec.  6.  (As  amended.)  Be  it  further  enacted,  That 
each  applicant  for  examination  shall,  before  entering 
upon  the  examination,  deposit  with  the  person  appointed 
to  conduct  the  examination  an  examination  fee  as  fol- 
lows :  An  applicant  for  a  third  grade  certificate,  a  fee 
of  one  dollar  ;  an  applicant  for  a  second  grade  certificate, 
a  fee  of  one  and  one-half  dollars ;  an  applicant  for  a  first 
grade  certificate,  a  fee  of  two  dollars  ;  an  applicant  for 
a  life  certificate,  a  fee  of  three  dollars.  The  fees  re- 
ceived from  the  examination  of  teachers  at  regular  ex- 
aminations shall  be  paid  into  the  State  treasury  to  the 
credit  of  the  educational  fund,  and  the  State  auditor 
shall,  on  the  requisition  of  the  superintendent  of  educa- 
tion, issue  warrants  on  the  State  treasurer  to  be  paid 
out  of  the  educational  fund,  for  the  purpose  of  carrying 
out  the  provisions  of  this  act,  such  as  the  payment  of 
expenses  for  postage,  for  expressage,  for  clerk  hire,  for 
state  board  of  examiners  only,  for  the  per  diem  of  the 
state  board  of  examiners,  for  paying  county  conductors 
and  for  other  incidental  expenses  incurred  in  carrying 
out  the  provisions  of  this  act.  The  appointed  members 
of  the  state  board  shall  receive  five  dollars  per  day,  in- 
cluding Sundays,  for  the  time  they  are  engaged  in  con- 


ducting  the  examination  of  teachers  under  this  act.  The 
county  superintendent  or  person  appointed  to  conduct 
the  examination  in  each  county  shall  receive  ten  dollars 
for  his  services  in  conducting  each  examination.  Pro- 
vided that  as  the  available  educational  fund  was  appor- 
tioned October  1,  1903,  an  amount  equal  to  the  balance 
after  deducting  the  expenses  received  from  the  examina- 
tion fees  since  March  1,  1899,  shall  be  immediately 
available  from  the  educational  fund  for  the  purpose  of 
paying  the  expenses  provided  for  in  this  act. 

Sec.  7.     Be  it  further  enacted,  That    teachers  on   ex- 
amination shall  not  be  permitted  to  sit   near  enough  to 
each  other  to  read  each   other's  papers,  and  no  teacher- 
on  examination    shall   receive  any  assistance   from   any 
person,  or  by  reference  to  any  book,  map,  chart,  or  from 
any  source,  and  no  person  shall  be  licensed  to  teach  who- 
shall  endeavor   to   procure  any    such    assistance.     And 
each  teacher  so  examined  shall,  upon  the  completion  of 
bis  examination,  sign  a  statement  that  he  has  not  re- 
ceived any   assistance   in    said   examination   from    any^ 
source ;  which    statement   shall  be   kept  on  file  by  the; 
county  superintendent  of  education. 

Skc.  8.  (As  amended.)  Be  it  further  enacted,  That- 
unless  the  applicant  is  known  to  the  person  appointed 
to  conduct  the  examination  to  be  of  good  moral  char-- 
acter,  or  shall  make  satisfactory  proof  of  the  same, 
which  proof  shall  be  in  writing,  he  shall  not  be  admit- 
ted to  the  examination.  Anyone  who  habitually  uses 
profane  language  or  intoxicants  shall  be  deemed  of  im- 
moral character. 

Sec.  9.  (As  amended.)  Be  it  further  enacted,  That 
there  shall  be  three  grades  of  teachers'  certificates,  be- 
sides the  life  certificate  hereinafter  provided,  to  be 
known  as  certificates  of  the  first,  second,  and  third 
grades,  each  of  which  must  show  the  branches  in  which 


49 

the  holder  has  been  examined,  hia  relative  attainments 
therein  and  his  general  average.  In  no  case  shall  an 
applicant  for  a  certificate  receive  the  same  who  fails  to 
answer  fifty  per  cent,  of  the  questions  propounded  in  any 
branch  and  whose  general  average  is  below  seventy-five 
per  cent.  Every  teacher  in  the  public  school  must  ob- 
tain a  certificate  prior  to  his  employment. 

Sec.  10.  Be  it  further  enacted ,  That  applicants  for 
third  grade  certificates  shall  be  examined  in  the  follow- 
ing  branches :  Orthography,  reading,  penmanship, 
grammar,  practical  arithmetic,  through  fractions,  pri- 
mary geography,  and  the  elementary  principles  of  physi- 
ology and  hygiene  ;  and  applicants  for  second  grade  cer- 
tificates shall  be  examined  in  all  the  foregoing  branches, 
and  also  in  practical  arithmetic,  history  of  Alabama, 
history  of  the  United  States,  English  grammar  and  com- 
position, and  intermediate  geography,  and  applicants 
for  first  grade  certificates  shall  be  examined  in  all  the 
foregoing  branches  andalso  in  algebra,  natural  philoso- 
phy, geometry,  the  school  laws  of  Alabama,  and  theory 
and  practice  of  teaching. 

Sec.  11.  Be  it  further  enacted,  That  in  all  examina- 
tions under  this  act  the  answers  shall  be  written  on  legal 
cap  paper  with  pen  and  ink.  The  subject  or  branch 
shall  be  plainly  written  at  the  top  of  the  page,  and  the 
answers  shall  be  numbered  to  correspond  with  the 
questions. 

Sec.  12.  (As  amended.)  Be  it  further  enacted,  Tl|at 
when  an  applicant  shall  hs.ve  completed  his  examination 
he  shall  write  his  name  and  address  on  each  paper  of  the 
same,  and  deliver  the  same  to  the  person  appointed  to 
conduct  the  examination,  who  shall  enclose  the  papers 
of  each  applicant  in  a  separate  envelope,  together  with 
his  certificate  of  good  moral  character  of  the  applicant, 
or  the  written  proof  of  the  same,  on  which  he  admitted 

4 


the  applicant  to  ex-imiuation,  and  shall  transmit  thu 
same  to  the  secretary  of  the  State  Board  of  Examiners 
without  delay. 

Sec.  13.  Be  it  further  enacted ,  That  the  State  Board 
of  Examiners  shall  examine  the  papers  coming  to  it 
under  the  provisions  of  the  preceding  section,  as  expe- 
ditiously as  possible,  and  shall  mark  upon  each  paper 
the  teacher's  grade  in  that  branch  according  to  the  cor- 
rectness or  approximate  correctness  of  the  answers,  and 
if,  upon  such  examination,  it  appears  that  the  applicant 
is  entitled  to  receive  a  certificate,  the  secretary  of  tho 
Board  shall  prepare  a  certificate  in  conformity  with  sec- 
tion 9  of  this  act.  Said  certificate  shall  be  signed  by 
the  secretary  of  the  State  Board  of  Examiners  and  the 
Superintendent  of  Education,  and  shall  be  transmitted 
to  the  teacher  entitled  to  the  same. 

Sec.  14.  (As  amended.)  Be  it  further  enacted,  That 
all  examination  papers  shall  be  kept  on  file  in  tho  office 
of  the  Superintendent  of  Education  subject  to  public 
inspection  for  six  months.  That  any  person  who  purr 
Joins,  steals,  buys,  receives,  sells,  gives  or  offers  to  buy^ 
give  or  sell  any  examination  questions  or  copies  thereof 
[before  the  date  of  the  examination  for  which  they  h^d 
jbeen  prepared,  shall  be-  guilty  of  a  misdemeanor,  an^ 
upon  convictionthereof,  shall  be  fined  not  less  than  one 
.hundred  dollars,  and  may  also  be  sentenced  to  hard 
labor  for  the  county  for  not  less  than  six  months.  , 

Sec,  15.  Beit  further  enacted,  That  ceTti6iCa,tes  granted 
under  the  provisions  of  this  act  shall  entitle  their  holder 
to  teach  in  the  public  schools  of  any  county  in  this  State 
for  the  following  periods  of  time  :  A  third  grade  certi- 
ficate, two  years  ;  a  second  grade  certificate,  four  years  : 
and  a  first  grade  certificate,  six  years  from  the  date  o;f 

issujxnce  of  the  game. 

Sec.  16.     Be  it  further  enacted,    That  no  teacher  shall 


51 

be  granted  either  a  third  grade  or  a  second  grade  certifi- 
cate more  than  twice. 

Sec.  17.  Be  it  further  enacted,  That  whenever  any 
teacher  applying  for  a  certificate  shall  make  proof  that 
he  has  been  engaged  for  ten  years  in  teaching  under  first 
grade  certificates,  which  proof  the  county  superintend- 
ent of  education  shall  transmit  to  the  State  Board  of 
Examiners,  and  shall  show  a  high  degree  of  proficiency 
and  professional  attainment,  such  teacher  may  be  granted 
a  life  certificate,  signed  as  prescribed  for  other  certifi- 
cates ;  Provided,  that  any  teacher  holding  a  life  certi- 
ficate shall  forfeit  the  same  by  leaving  off  the  business 
of  teaching  for  five  consecutive  years. 

Sec.  18.  Be  it  further  enacted,  That  the  superintend- 
ent of  education  shall  have  the  power,  and  it  is  hereby 
made  his  duty  to  revoke  the  certificate  of  any  teacher 
who  shall  be  guilty  of  immoral  conduct,  or  unbecoming 
or  indecent  behavior. 

Sec.  19.  Be  it  further  enacted,  That  the  secretary  of 
the  State  Board  of  Examiners  is  hereby  required  to  keep 
a  register  of  all  the  teachers-  examined  and  licensed  un- 
der this  act,  showing  the  name,  and  postoffice  address  of 
each  teacher,  and  the  date  and  grade  of  his  certificate, 
and  keep  same  on  file  in  oflBce  of  State  Superintendent 
of  Education. 

Sec,  20.  (As  amended.)  Be  it  further  enacted.  That 
the  provisions  of  this  act  as  to  the  time  of  holding  ex- 
aminations shall  not  be  effective  till  the  first  day  of 
April,  1901;  provided,  that  the  provisions  of  this  act 
shall  not  be  construed  as  to  apply  to  separate  school  dis- 
tricts of  two  thousand  inhabitants  or  more,  having  au- 
thority at  present  by  their  charters  to  examine  their 
teachers. 

Sec.  21.  (As  amended.)  Be  it  further  enacted.  That 
all  laws  and  parts  of  laws,  both  general  and  special,  ia 


5? 

conflict  with  the  provisions  of  this  act,   are   hereby   re- 
pealed. 


RULES  OF  THE   STATE  BOARD  OF  EXAMINER^. 


(These  rules  are  based  on  the  attorney  general's  inter- 
pretation of  the  law.) 

First.  Teachers  in  school  districts  having  a  popula- 
tion of  two  thousand  or  more,  specially  authorized  to 
examine  their  teachers,  are  not  subject  to  examination. 

Second.  Teachers  in  State  schools,  acting  under 
special  charters  giving  exclusive  control  of  such  schools 
to  their  boards  of  trustees,  are  not  subject  to  examina- 
tion, unless  the  schools  shall  receive  township  or  district 
funds,  in  which  case  those  who  teach  any  of  the  common 
school  branches  and  those  who  share  in  the  distribution 
of  the  township  or  district  funds  shall  procure  a  certifi- 
cate. 

Third.  All  teachers  in  the  public  schools  of  the  State, 
regardless  of  diplomas  held,  except  those  exempted  by 
rules  1  and  2,  are  subject  to  examination. 

Fourth.  All  teachers  in  the  public  schools  of  the 
State,  whether  principals  oi*  assistants,  must  hold  cer- 
tificates at  the  time  they  begin  teaching.  Contracts 
conditioned  on  the  teacher's  procuring  a  certificate  at  a 
subsequent  examination  are  illegal,  and  public  funds 
paid  under  them  will  be  charged  to  the  county  superin- 
tendent. 

Fifth.  Applicmts  for  first  or  second  grade  certificates 
failing  to  make  the  necessary  percentage  to  obtain  a  certifi- 
cate in  the  grade  applied  for,  but  making  the  requisite 
percentage  in  the  branches  required  for  a  lower  grade 
certificate,  may  be  granted  such  lower  grade   certificate. 

Sixth.  Teachers  who  procure  a  low  grade  certificate 
may  apply  for  a  higher  grade  certificate  at  any  subse- 
quent examination ;  but  must  take  the  full   examination 


54 

of  the  grade  for  which  they  apply;  Provided,  that 
teachers  who  hold  second  grade  certificates  may  apply 
for  first  grade  by  taking  an  examination  in  algebra, 
geometry,  physics,  theory  and  practice  of  teaching, 
school  laws  of  Alabama.  In  every  instance  the  second 
grade  certificate  must  b.»  filed  with  the  examination 
papers. 

Seventh.  Applicants  who  were  preventad  from  taking 
the  last  regular  examination  on  account  of  sickness,  ab- 
sence from  the  state,  or  other  unavoidable  cause,  may 
be  allowed  a  special  examination  at  Montgomery,  for 
which  a  fee  of  five  dollars  is  required.  Application 
blanks  for  the  special  examination  will  be  furnished  by 
the  department  of  education  upon  request. 

Eighth.  Whenever  there  is  evidence  fronii  the  papers 
that  applicants  have  been  in  communication  or  that  as- 
sistance has  been  obtained  from  any  source,  the  appli- 
cations of  all  parties  concerned  will  be  rejected. 

Ninth.  Teachers  who  have  taught  ten  years  under  a 
first  grade  certificate  in  Alabama,  and  who  shall  show  a 
high  degree  of  proficiency  ana  professional  attainment, 
may  be  granted  a  first  grade  certificate  for  life.  The 
proof  of  time  taught  shall  be  furnished  the  State  Board 
of  Examiners,  through  the  county  superintendent,  and 
may  be  made  as  follows  : 

First.  By  exhibiting  to  the  State  Board  of  Examiners 
their  former  licenses. 

Second.  By  certificate  of  any  member  of  the  examin- 
ing boards  issuing  said  licenses 

Third.  By  certificates  from  the  superintendents  of  the 
counties  in  which  such  licenses  were  issuud. 

Fourth.  By  affidavit  from  the  applicant  that  he  has 
held  a  first  grade  license  for  ten  years. 

Fifth.  In  cases  whjre,  for  any  reason,  the  law  has 
not  been  enforced,  and  the  teacher    was  clearly  entitled 


55 

to  a  first  grade  license  under  the  law,  such  proof  maybe 
made  by  the  certificate  of  three  reputable  persons  having 
knowledge  of  the  facts. 

PROOF    OF    PROFICIENCY    AND    PROFESSIONAL    ATTAINMENT. 

An  applicant  for  a  life  certificate,  as  evidence  of  pro- 
ficiency and  professional  attainments,  shall,  at  the  time 
of  the  regular  examination,  through  the  county  superin- 
tendent, furnish  to  the  State  board  of  examiners  : 

First.  A  sketch  not  exceeding  five  hundred  words  hi 
length,  of  his  school  work  the  last  ten  years. 

Second.  A  thesis  on  some  subject  pertaining  to  the 
theory  and  practice  of  teaching,  not  exceeding  six  hun- 
dred words  in  length.  The  subject  for  said  thesis  shali 
be  assigned  by  the  State  board  of  examiners  as  questions 
are  assigned  to  other  applicants. 

Tliird.  Testimonials  from  three  educators  of  re«og- 
nized  standing  that  he  has  a  good  character,  and  has 
shown  a  high  degree  of  proficiency  and  professional  at- 
tainment. 


INSTRUCTIONS  REGARDING  EXAMINATION 

LAW. 

Examinations  will  be  held  in  each  county  of  the  State 
beginning  on  the  first  Monday  in  January  and  July  and 
may  continue  three  days.  Examinations  will  be  held  at 
no  other  time. 

1.  It  is  the  duty  of  the  State  Board  of  Examiners  to 
prepare  questions  and  furnish  them  to  county  superin- 
tendents, to  examine  and  grade  the  papers  and  to  issue 
certificates  to  teachers. 

.  2.  On  the  day  set  for  the  examination,  the  county 
superintendent  shall  at  10  o'clock  a.  m.,  in  the  presence 
of  the  applicants,  break  the  seal  of  the  package  contain- 
ing the  questions.  He  shall,  unless  some  other  person 
has  been  appointed  by  the  State  Board  of  Examiners, 
conduct  the  examination,  unless  he  shall  be  unable  to 
do  so  by  reason  of  sickness  or  other  unavoidable  neces- 
sity, in  which  case  the  examination  shall  be  conducted 
by  some  competent  person  appointed  bj'  him.  All  ap- 
plicants shall  undergo  the  examination  in  the  same  room, 
or  in  sight  of  the  superintendent  or  other  person  ap- 
pointed by  him  to  conduct  the  examination.  (Two 
rooms  with  connecting  door  or  doors  may  be  used) .  The 
sum  of  ten  dollars  is  allowed  each  county  superinten- 
dent for  conducting  the  examination. 

3.-  No  applicant  shall  sit  near  enough  to  another  to 
read  his  paper.  No  applicant  that  receives,  gives  or  en- 
deavors to  procure  or  give  assistance  directly  or  indi- 
rectly will  be  granted  a  certificate,  and  it  is  the  duty 
of  the  county  superintendent  or  other  person  appointed 
to  conduct  the  examination  to  advise  the  State  Board 
of  Examiners  if  this  rule  is  violated. 

4.  Unless  the  applicant  is  known  to  the  county  su- 
perintendent of  education  to  be  of  good  moral  character. 


57 

lie  shall  make  satisfactory  proof  of  the  same  in  writing 
and  without  such  proof  he  shall  not  be  admitted  to  ex- 
amination. Any  one  who  habitually  uses  profaue  lan- 
guage or  intoxicants  is,  by  the  law,  deemed  of  immoral 
character.  The  proof  submitted  by  the  applicant  or  the 
county  superintendent's  certificate  must  accompany  the 
examination  report. 

5.  When  the  examination  is  completed,   each  appli- 
cant shall  sign  a  certificate  that  he  has  neither  given  nor 
received  any  assistance  in  the  examination  ;  which  state- 
ment shall  be  kept  on  file  by  the  county    superinten- 
dent. 

6.  Answers  must  be  written  on  legal  cap  paper  with 
pen  and  ink.  (All  stationery  to  be  furnished  by  the 
applicant.)  That  the  paper  in  each  county  may  be 
uniform  in  size,  color,  quality,  etc.,  each  county  super- 
intendent is  advised  to  procure  a  supply  and  furnish  it 
to  teachers  at  a  reasonable  price. 

The  subject  or  branch  must  be  plainly  written  at  the 
top  of  the  page,  and  each  answer  numbered  to  corres- 
pond with  the  question.  On  each  paper  of  his  exami- 
nation the  applicant  must  write  his  name  and  address. 
When  the  examination  is  completed  the  county  superin- 
tendent must  immediately  forward  the  papers  to  the 
secretary  of  the  State  Board  of  Examiners,  at  Montgom- 
ery. The  papers  of  each  applicant  must  be  in  a  sepa- 
rate envelope  and  sealed,  on  which  should  be  written  his 
name,  addeess  and  color.  County  superintendents  will 
be  allowed  to  deduct  from  fees  received  the  amounts 
necessary  to  send  papers  to  secretary  of  board. 

7.  Applicants  shall,  before  starting  upon  the  exam- 
ination, deposit  with  the  county  superintendent  or  other 
person  appointed  to  conduct  the  examination,  fees  as 
folllows  :  For  third  grade,  one  dollar  ;  for  second  grade, 
one  and  one-half  dollars  ;  for  first  grade,  two  dollars  ;  for 


68 

lite  certificate,  three  dollars.  The  fees  shall  be  paid 
into  the  state  treasury  to  the  credit  of  the  public  school 
fund. 

8.  Four  grades  of  certificates  will  be  issued,  viz: 
first,  second,  third  and  life.  A  third  grade  certificate  is 
good  for  two  years  ;  a  second  for  four  years  ;  a  first  for 
six  years  ;  a  life  for  life .  Third  and  second  grade  cer- 
tificates will  be  issued  to  the  same  teacher  but  twice.. 
Life  certificates  will  be  issued  under  rule  8. 

9.  Applicants  for  third  grade  certificates  will  be  ex- 
amined on  the  following  branches  :  Orthography,  read- 
ing, penmanship,  grammar,  practical  arithmetic  through 
fractions,  primary  geography,  and  the  elementary  prin- 
ciples of  physiology  and  hygiene  ;  applicants  for  second 
grade  certificates  will  be  examined  in  all  the  foregoing 
branches,  and  also  in  practical  arithmetic,  history  of 
Alabama,  history  of  the  United  States,  English  gram- 
mar and  composition,  and  intermediate  geography  ;  ap- 
plicants for  first  grade  certificates  will  be  examined  in 
all  the  foregoing  branches,  and  also  in  algebra,  natural 
philosophy,  plane  geometry,  school  laws  of  Alabama,, 
and  the  theory  and  practice  of  teaching. 

10.  The  examination  in  penmanship  will  be  of  such 
a  nature  that  a  teacl.er  who  is  familiar  with  any  system 
can  take  it. 

11.  Letters  or  papers  of  any  other  character  should 
not  be  enclosed  with  answer  papers. 

12.  Applicants  who  are  absent  at  the  beginning  of 
the  examination  must  not  be  admitted  to  the  examina- 
tion. 

13.  Superintendents  bhall  distribute  questions  on  a 
given  subject  to  all  applicants  at  the  same  time,  and  no 
other  questions  shall  be  distributed  until  all  who  are 
answering  these  questions  shall  have  completed  and 
turned  in  their  papers.     For  instance,   the    third  grade- 


59 

orthography  papers  will  be  distributed,  and  no  other 
third  grade  questions  will  be  distributed  until  all  third 
grade  applicants  have  completed  orthography.  So  with 
the  other  grades.  Superintendents  can  set  the  time  to 
be  allowed  for  each  subject.  This  schedule  must  be  so 
arranged,  however,  that  the  entire  examination  can  be 
completed  in  two  or  three  days.  If  an  applicant  absents 
himself  from  the  room  before  any  subject  is  completed 
he  will  hand  in  his  paper  on  that  subject,  which  will  be 
his  examination. 

14.  No  question  prescribed  by  the  State  Board  of  Ex- 
aminers shall  be  set  aside,  nor  shall  queries  regarding 
the  interpretation  of  questions  be  answered  by  the  county 
superintendent  or  examiner. 

15.  In  case  the  county  superintendent  wishes  to  take 
the  examination,  he  will  appoint  some  other  competent 
person  to  conduct  the  examination,  and  this  person  so 
appointed  shall  have  all  the  powers  and  duties  of  the 
county  superintendent  as  to  collecting  fees,  papers,  etc., 
and  returning  the  answer  papers  to  the  secretary  of  the 
State  Board  of  Examiners.  It  is  suggested  whenever  a 
county  superintendent  takes  the  examination,  either  for 
a  grade  or  life  certificate,  that  he  have  nothing  to  do 
with  the  papers,  but  that  he  turn  the  matter  over  en- 
tirely to  the  person  he  appoints  to  conduct  the  exami- 
nation. 

16.  The  Board  of  Examiners  suggests  that  white  and 
colored  teachers  be  exa,mined  in  separate  rooms,  with 
connecting  doors,  if  possible. 

17.  It  will  i)e  necessary  in  a  majority  of  counties  for 
the  couity  superintendent  to  procure  a  room  with  desks 
for  the  purposes  of  examination.  The  school  buildings 
or  other  suitable  places  can  be  easily  obtained  for  this 
purpose . 

18 .  County  superintendents  will  send  to  the  secretary  of 


60 

the  State  Board  of  Examiners  the  names  of  all  teachers  in 
separate  school  districts  who  are  exempt  from  examina- 
tion under  rule  1  of  the  Stata  Board  of  Examiners,  where 
these  districts  draw  their  funds  through  them. 

19.  Under  the  lavv^  assistants  as  well  as  principals 
will  have  to  procure  certificates,  and  county  superin- 
tendents are  urged  to  see  that  no  principal  draws  public 
money  unless  all  his  assistants  who  teach  common 
school  branches  have  certificates.  This  department  will 
not  approve  pay  rolls  for  principals  unless  the  names  of 
their  assistants  are  on  the  register  on  file  in  the  depart- 
ment of  education. 

20,  County  superintendents  will  give  notice  through 
the  the  county  press,  or  in  some  other  way,  of  the  time 
and  place  at  which  the  examinations  will  be  had. 

21,  When  the  examinations  are  completed  county 
superintendents  or  other  persons  appointed  to  conduct 
the  examinations  will  certify  to  this  department  the 
length  of  time  consumed  in  the  examination,  which,  in 
no  case,  can  be  more  than  three  days,  sud  auditor's  war- 
rants will  be  mailed  for  the  amounts  due  them. 

22.  If  it  should  happen  that  not  enough  papers  on 
any  subject  have  been  sent,  county  superintendents,  or 
other  persons  appointed  to  conduct  the  examinations, 
will  allow  the  papars  to  be  passed  among  the  appli- 
cants, 

STATE  BOARD  OF  EXAMINERS  : 

John  W.  Abercrombie,  President^ 
John  L.  Dodson,  Secretary, 
G.  W.  Brock,  Member. 


61 

An  Act 

To  fix  the  minimum  length  of  the  term  of  the  free  pub- 
lic schools  in  the  State  of  Alabama. 

Section  1,  Be  it  enacted  by  the  General  Assembly  of 
Alabama,  That  the  free  public  schools  of  the  State  shall 
be  kept  open  absolutely  free  of  tuition  fee  to  those  en- 
titled to  share  in  the  distribution  of  the  common  s'jhool 
fund,  for  a  period  of  at  least  five  scholastic  months  in 
each  scholastic  year. 

Sec.  2.  Be  it  further  enacted,  That  it  shall  be  unlaw- 
ful for  any  township  or  district  trustee  to  make  or  any 
county  superintendent  of  education  to  approve  a  con- 
tract for  a  less  period  than  five  months,  provided  that 
contracts  for  unexpired  terms  may  be  made  for  a  less 
period  ;  provided,  that  where  it  is  found  absolutely  im- 
practicable to  make  the  terra  five  months,  trustees  may, 
with  the  consent  of  the  county  superintendent  and  the 
approval  of  the  State  Superintendent  of  Education,  make 
the  term  for  not  less  than  four  scholastic  months. 

Sec.  3.  Be  it  further  enacted,  That  the  object  of  this 
act  is  to  set  the  minimum  length  of  the  term  for  which 
a  contract  to  teach  the  free  public  schools  of  the  State 
cafn  be  made,  and  it  shall  be  the  duty  of  trustees  and 
county  superintendents  to  make  the  term  longer  when- 
ever and  wherever  it  is  possible. 

Sec.  4.  Be  it  further  enacted.  That  all  [laws  and  parts 
of  laws  in  conflict  with  the  provisions  of  this;act  be  and 
the  same  are  hereby  repealed. 

Approved  March  5,  1901. 


An  Act 

To  repeal  section  3586  of  the  code  of  Alabama,    and   to 
require  holders  of  diplomas  or   certificates  of  pro- 


62 

ficiency  from  the  Staie  Normal  Schools  and  Col- 
leges, or  from  other  schools  and  colleges,  to  undergo 
the  State  examination  for  license  to  teach  in  the 
public  schools  before  teaching  in  the  public  schools 
of  the  State  of  Alabama. 

Section  1.  Be  it  enacted  by  the  General  Assembly  of 
Alabama,  That  on  and  after  the  passage  of  this  act  sec- 
tion 3586  of  the  code  of  Alabama  be  and  the  same  is 
hereby  repealed. 

Sec.  2 .  Be  it  further  enacted,  That  all  holders  of  di- 
plomas or  certificates  of  proficiency  from  the  Alabama 
State  Normal  Schools  or  Colleges,  or  from  other  schools 
and  colleges,  must  undergo  successfully  the  regular  State 
examination  for  teachers  in  the  public  schools  before 
teaching  the  same. 

Sec.  3.  JSe  it  further  enacted,  That  all  laws  and  parts 
of  laws  and  special  laws  in  conflict  with  this  act,  be  and 
the  same  are  hereby  repealed. 

An  Act 
To  amend  section  3602  of  the  code  of  Alabaij:a. 

Section  1.  Be  it  enacted  by  the  General  Assembly 
of  Alabama,  that : 

Section  3602  of  the  code  of  Alabama  be  amended  so  as 
to  read  as  follows:  "3602.  Contingent  expenses  and 
amount  for  normal  schools  set  apart ;  residue  appor- 
tioned. As  soon  as  such  certificate  is  received  by  the 
superintendent  of  education,  he  shall  set  apart  out  of 
the  general  fund  a  suflicient  amount  to  pay  such  expenses 
of  the  department  of  education  as  are  by  law  payable 
out  of  such  fund,  and  also  the  following  amounts  for 
the  normal  schools  :  Florence  normal  school,  Jackson- 
ville normal  school,  Livingston  normal  school,  and  Troy 


63 

normal  school,  $7,500  eacli,  per  annum,  and  for  the 
other  normal  schools  such  sums  as  are  provided  by 
law  ;  and  he  shall  then  apportion  all  the  balance  of  such 
fund,  as  nearly  as  practicable,  among  the  several  town- 
ships and  school  districts  in  the  State,  as  hereinafter 
provided  for." 

Sec.  2.  Be  it  further  enacted,  That  all  laws  and  parts 
of  laws  in  conflict  with  this  act  be  and  the  same  are 
hereby  repealed. 

Approved  Dec.  6,  1900. 

FORMS  TO  BE    USED   IN  THE  SALE  OR  LEASE 
OF  SIXTEENTH  SECTION  LANDS. 

[No.  L] 

If  GTE  GIVEN  BY  PURCHASER  OF  SCHOOL  LANDS. 
I 

year  after  date,  we  or  either  of  us,  prom- 
ise to  pay  to  the  State  of  Alabama,  for  the  use  of  town- 
ship   ,  range ,  in county ,  the 

sum  of dollars,  with  interest  from  date  at 

eight  per  cent,  per  annum, for  the  purchase  of 

(specify  legal  subdivisions) of  section 

sixteen  of  said  township. 

Witness  our  hands  and  seals,  this day  of 

A.  D.  19.. 

[Seal.] 

[Seal.] 

[Seal.] 

Approved  this ^ 

day  of 190.  .  ) 


Township  Trustees  Public  Schools. 


64 

[No.  2. J 
certificate  of  purchase  op  school  lands^ 
The  State  of  Alabama, 
County. 

....A.  D.  190.- 

The  undersigned,  township  trustees  of  public  schools 

in  and  for  township ,  range ,  in 

said  county,  hereby  certify  that  on  the. , . .  day  of 

A.  D.  190.  .,  they  proceeded  to  sell  at  public  outcry  (all 
the  preliminary  requisites  of  the  law  in  reference  to  such 

sale  having  been  complied  with, Lot  No ^,  being 

the the  northeast  quarter  of  northwest  quarter- 

of  section  sixteen,  in  said  township,  containing 

acres,  and  at  said  sale being  the  - 

highest  bidder,  became  the  purchaser  of  said  tract,  and 

for  the  sum  of dollars,  for  which  he  gave 

hie several  notes,  each  for doUars^- 

with  interest  from  date  of  said  sale,  with 

and as  his  sureties. 


Township  Trustees  Public  Schools. 
[No.  3.J 

BBPORT   OF  SALE  OF  SCHOOL  LANDS. 
To 

Superintendent  of  Education 

for  the  State  of  Alabama. 
The  undersigned,  Township  Trustees  of  public  schools 
in  and  for  township . .  . . ,  range ..-..,   county. 


65 

Alabama,  respectfully  represent  and  report  that  on  the 

day  of 190 . .  .  . ,   they  proceeded 

to  sell  at  public  outcry  (all  the  preliminary  requisites  of 
the  law  in  reference  to  such  sale  having  been   complied 

•with)  Lot  No being  the (the   northeast 

quarter  of  northwest  quarter  of,  as  Ihe  case  may  be)  sec- 
tion sixteen,  in  said  township,  containing 

acres  ;  that  at  said  sale 

being  the  highest  bidder,    became  the  purchaser  of  said 

tract,  at  and  for  the  sum  of .dollars 

(iaid  sum  being  at  or  above  the  minimum  price  fixed  on 

said  tract)  for  which  he  gave  his several  notes, 

each  for dollars,  with  interest  from 

date  of  sale  at  eight  per  cent,  per  annum,   with 

and 

as  his  sureties.     That  said paid  in 

«ash  the  sum  ©f dollars.     The  under- 
signed retain  the  sum  of dollars  from 

Buch  cash  payment  to  defray  the  expenses  of  the  survey 

and  sale  of  said  lands,  and  the  balance,  to-wit :    

dollars,  together  with   said   notes 

above  described,  is  herewith  enclosed. 

All  of  which  is  respectfully  submitted. 

This day  of 190 


Township  Trustees  Public  Schools. 

[No.  4.] 

bond  to  be  given  by  t0wn8hip  trustees  about  to  sell 

or  lease  school  lands. 
The  State  of  Alabama,  ) 


County.   ) 

Know  all  men  by  these  presents,    That  we 


66 

are  held  and  firmly 

bound  unto  the  State  of  Alabama  in  the  sum  of 

dollars,  for  the  payment  of 

which  well  and  truly  to  be  made,  we  bind  ourselves  and 
each  of  us,  our  and  each  of  our  heirs,  executors  and  ad- 
ministrators, jointly  and  severally,  firmly  by  these  pres- 
ents.    Sealed  with  our  seals,  and  dated  this  .  .  *. . .  .day 

of A.D.  190.... 

The  condition  of  the   above  obligation  is  such   that 

whereas,  the  above  bound were,  on 

the day  of 190 . ,. ,  appointed  Town- 
ship Trustees  of  public  schools,  in  and  for  township .... 

range in  said  county  ;  and  whereas,  the  said 

as  such  township  trustees  of  pub- 
lic schools,  are  about  to  sell  (or  lease)  school  lands  of 
said  township. 

Now,  if  the  said as  such 

township  trustees  of  public  schools,  shall  discharge  their 
duty  faithfully,  so  long  as  they  may  continue  in  office, 
or  continue  to  discharge  any  of  such  duties,  then  this  ob- 
ligation to  be  void — otherwise  to  remain  in  full  force. 

"Seal. 
"Seal. 
"Seal. 
Seal. 
'Seal. 
Seal. 
Taken  and  approved  this ....  day  of A.  D .  190 . 


Co.  Sup't  Education. 
[No.  5.] 
lease  of  school  lands. 
The  State  of  Alabama,  ^ 

County.   ) 

This  agreement,  made  this day   of , 


67 

A.  D.190....   between and 

,  township  trustees  of 

public  schools  in  and  for  township ,  range . .  .  . ,  in 

said  county ,  and ,  witnesseth , 

that  in  consideration  of dollars,  to 

be  paid  by  said to  the  town- 
ship trustees  of  public  schools  for  said  township,   on  the 

day  of A .  D .  190 . .  .  . ,  and  each  year 

thereafter  during  the  continuance  of  the  lease,  for  which 

the  said has  given  his  several   promissory 

notes  payable  as  aforesaid,  and  bearing  even  date  with 
this  instrument,  the  said  township  trustees  have  granted^ 

demised,  leased,  and  to  farm  let,  unto  the  said 

,    his   representatives   and   assigns, 

section  sixteen  (or  southeast  quarter  of  southwest  quar- 
ter of  section  sixteen,  as  the  case  may  be) ,  in  said  town- 
ship, in  said  county  and  State  ;  to  have  and  to  hold  unto 
the  said ,  his  representatives  and  as- 
signs, for  the   term   of (not  exceeding   five) 

years,  from  the day  of 190.  .  .     The 

said agrees  to  deliver  up  the 

premises  aforesaid  with  the  appurtenances,  on  the  last 
day  of  the  term,  or  other  earlier  termination  of  the  estate 
hereby  granted,  to  the  said  township  trustees  or  their 
successors  in  office.  In  witness  whereof,  the  said  par- 
ties have  hereunto  set  their  hands  and  seals  the  day  and 
year  above  written. 
Attest : 

[Seal.] 

[Seal.] 

[Seal.] 

[Seal  1 

Township  Trustees. 


GENERAL  PROVISIONS. 


SECTION. 

Appropriation  for  public  schools 3539  ' 

Appropriations  when,  accrue,  and  placed  to  credit 

of  educational  fund 8540  - 

General  designation  of  officers  for  administration 

of  public  schools 3541 

Normal  Schools  ;  amount  for  support  of,  set  apart 

out  of  educational  fund 3602 

Public  schools  ;  appropriation  for 3559 

Officers  for  administration  of,  gen- 
eral designation  of 3541 

Scholastic  periods  what,  are 3598» 

School  fund ;    when   appropriations    accrue,    and 

placed  to  the  credit  of 3540^  • 

SUPERINTENDENT  OF  EDUCATION. 

Alcoholic  drinks,  etc.,  shall  make  provisions  for 
instructing  people  as  to  effect  of,  upon  hu- 
man system Subd.  3,     354§' 

Biennial  reports  to  be  made  by,  to  governor ;  con- 
tents of 3547' 

printed  and  distributed.  .  .     3548 
Bond  of ;  by  whom  approved,  etc. ;  where  filed...     3543 
Books  of  county  superintendent  subject  to  exami- 
nation by  superintendent 3558 

Clerks,  authorized  to  employ  ;  salaries  of 3545- 

Constitutions,  State  and  Federal,  shall  make  pro- 
visions for  instructing  pupils  in— Subd.  4,     8546'-' 


69 
SUPERINTENDENT  OF   EDUCATION.— Continued. 

County  superintendent,  may  remove,  when. .  .• . .     3551 

require  new  or  addi- 
tional bond  of ;  ef- 
fect of   notice    to 

give 3554 

fixes    and    approves   bond 

of 3552,    3553 

shall  fill  vacancy  in   office 

of  ;  term  of  appointee . . .     3559 
books  and  accounts  of, sub- 
ject to  examination  by. .     3558 

Duties  of,  generally .3546 

as  to  apportionment  and  disbursement 

of  school  funds 3601-3623 

and  powers  of,  as    to    sale    and    lease   of 

school  indemnity   lands 3661-3666 

Enumeration,  new,  of  children,  when  may  order ; 

expense  of,  how  paid 3574 

Fixes  amount  of,   and  approves  bond    of  county 

superintendents 3552,   3553 

Hygiene  and  physiology,    shall  make   provisions 

for  instructing  pupils  in,  etc Subd.  3,     3546 

May  remove  county  superintendent,  when 3551 

require  new  or  additional  bond  of  county 

superin- 
tendent.     3554 
effect      of 
notice  to 
give ....     3554 

Oath  of  office 3543 

Office,  books,  papers  and  records 3544 

Patent,  when  certificate  by,  necessary  to  issue  of, 


70 

SUPERINTENDENT  OF   EDUCATION.— Continued.. 

for  school  lands 3654 

Salary  of 3542 

School  fund,  duties  as  to    appointment    and   dis- 
bursement of 3601-3623 

indemnity  lands,  duty  and  powers    as    to 

sale  and  lease  of 3861-3666 

Shall  fill  vacancies  in  office  of  county  suerintend- 

deht 3559 

Term  of  office  of 3542 

Vacancy  in  office  of,  filled  by   governor ;  term  of 

appointee   3549 

county  superintendent  filled 
suerintendent 3559 

COUNTY  SUPERINTENDENT. 

Annual  report,  etc.,  required  to  make.  .  .Subd.  6,  3556 
forfeiture  for  failure  to  make.  3557 
Appeal  from  township  trustees,  decision  on,  final  3565 
Appoints  three  township  trustees  for  each  town- 
ship or  other  school  district 3560 

members  of  county  board  of  education.  358.? 

Apportions  funds  unused  for  two  years;  report  of.  3619 

Approves  contracts  with  teachers 3569 

Board  of  education,  county,  president  of 3583 

members       of,       ap- 
pointed by 3583 

Bond  of ;  amount  fixed  by  superintendent  of  edu- 
cation ;  conditions,  etc 3552 

approval,  filing  and  record  of 3553 

new  or  additional,  may  be  required  ;  ef- 
fect cf  notice  to  give 3554 

Books  and  accounts  of,  may  be  examined  by  su- 


71 

COUNTY  SUPERINTENDENT.—Continued. 

perintendent  of  education,   etc SoSS 

Compensation  of,  when  may  be  used  by,  etc 3555 

County  board  of  education,  president  of 3583 

members       of,      ap- 
pointed by 3583 

Decision  on  appeal  from  township  trustees  final.  .  35^'5 

Duties  of,  generally 3556 

as  to  bonds  of  township  trustees,  when 

lands  about  to  be  sold  or  leased  3659 
making  pay-rolls,    paying   teach- 
ers, etc 3610-3616 

Election  of,  unless  special  act  for  appointment.  .  .  3550 
terra  of  office  ;  su])erintendent  of  edu- 

cay  remove,  etc 3551 

Enumeration  of  children  ;  must  report,  to  'super- 
intendent of  education,  when 3573 

Funds  unused  for  two  years  apportioned  by  ;   re- 
port of 3619 

Must  make  to  superintendent  of  education  report 

of  enumeration ., 3573 

Oath  of  office  and  bond 3552 

Penalty  for  failing  lo  make  pay-rolls,  sign  receipts 

or  pay  teachers 3616 

President  of  county  board  of  education 3583 

teachers'  institutes 3591 

Teachers,  approves  contracts  with ....    3569 

institutes,  president  of 3591 

Term  of  office  of ;  may  be  removed  by  superinten- 
dent of  education,  when 3551 

Township  trustees  ;  appoints  three  for  each  town- 
ship or  other  school  district  3560 
decision  on  appeal  from,  final  3565 
duty   as  to   bonds   of,  when 


72 

COUNTY  SUPERINTENDENT.—Continued. 

lands  about   to  be   sold  or 

leased  by 3659 

Vacancies  in  office  of ;   how   filled ;   term  of  ap- 
pointees       3559 

TOWNSHIP  TRUSTEES. 

Appointment  of  three,  for  each  township   or  dis- 
trict by  county  superintendent ;  term 3560 

Bonds  must  be  given  by,  when  school  lands  about 

to  be  sold  or  leased 3659 

Compensation  of,  for  holding  election  and  making 

sale  of  lands  ;  penalty  for  certain  defaults.     3650 
Contract  with  teachers ;   contract  for  transferred 

pupils 3569 

Duties   and   powers   of,    as  to  lease  and  sale   of 

school  lands 3625-3660 

Each  district  under  management  of,  as  to  matters 

connected  with  public  schools 3594 

Employing  teachers  and  opening  schools,  rules  in 

reference  to 3568 

Enumeration,  must  make,  of  children  within  edu- 
cational age  ;  when. .     3573 
report  of,  to  county  su- 
perintendent ;  when .     3573 
county  superintendent  must  report, 

to  superintendent ;  when 3573 

new,  may  be    ordered  by    superin- 
tendent, when  ;  expense  of  ;  how 

paid 3574 

Exempt  from  road  and  jury  duty,  and  from  poll- 
tax  3575 

Have  supervision  of,  and  power  to  establish  pub- 
lic schools 3561 


78 

•TOWNSHIP  TRUSTEES.— Continued. 

Jury  duty,  exempt  from 3575 

Local  school  funds,  have  charge  of  apportionment 

and  expenditure  of  ;  exception 3617 

Location  of  school  when  only  one  in  a  township  ; 
how  located  ;  change  of  loca- 
tion       3566 

and  employment  of  teachers,  to 

what  regard  must  be  had  in.     3567 
May  be  removed  from  office   by   county   superin- 
tendent  Subd.  7     3556 

Meetings  with  parents    and   guardians;   business 

transacted  thereat 3562 

report  to  county  superintendent  number 
and  location    of  schools,    etc.,  within 

ten  days  after  such 3563 

notice  and  duration  of ;  effect  of  failure 

to  attend 3564 

appeal  to   county  superintendent  from 

decision  of  trustees  at  such 3565 

Must  visit  schools  in  their  district  at  least   once 

during  each  scholastic  year 3570 

Penalty  for  certain  defaults  in  reference  to  sale  of 

school  lands 3650 

Poll-tax,  exempt  from 3575 

Road  duty,  exempt  from 3575 

•  School  lands,   must   report  income   from  sale  or 

lease  cf 3634 

duties  and  powers  as  to  lease  and 

sale  of 3625-3660 

compensation  for  holding  election  '' 

and  making  sale  of 3650 

"Teachers,  to  what  regard  must  be  had  in  locating 

schools  and  employing 3567 


74 

TOWNSHIP  TRUSTEES.— Continued. 

employing,  and  opening  schools,  rules 

in  reference  to 356S 

execution  of  contracts  with  ;  contract  for 

transferred  pupils 3569^ 

may  remove,    but   must  pay   for  time 

taught 3571 

must  require,  to   register  daily  attend- 
ance of  pupils 3572 

Transferred  pupils,  must  contract  with   teachers 

for 3569 

Vacancies  in  office  of,   filled  by   county  superin- 
tendent  Subd.  9     355& 

PUBLIC  SCHOOLS. 

Attendance  of  pupils  to  be  registered 3572,  3580 

Board  of  education  ;  how  constituted  ;    vacancies  ; 

by  whom  filled 3583 

meetings  of. 3584 

power    to     cancel     licenses ; 

cause  for  cancellation 3588 

Child  to  attend  bnt  one  public  school,  etc.,  except 

by  consent,  etc 3596 

when  non-resident,  entitled  to  school  privi- 
leges    3597 

Contracts  for,  invalid,  when 3606 

Location  of,  when  but  one   in  township  ;  how  lo- 
cated ;  change  of  location 3566 

to  what  regard  must  be  had  in 3567 

meeting  as  to,  number,  etc.,  of  schools.  3562: 
Must  be  visited   at   least  once  during   scholastic 

year  by  trustees 3570 

separate  schools  for  the  two  races 360O 


75 

PUBLIC  SCHOOL— Continued. 

Non-resident,  when,  entitled  to  school  privileges.     3597 

Opening  schools,  rules  in  reference  to 3568 

Pupils  entitled  to  instruction  in 3595 

attendance  of,  to  be  registered 3572,     3580 

child  to  attend  but  one,  except  by  consent, 

etc 3596 

when  non-resident,  entitled  to  school  privi- 
leges      3597 

public  examinations  and  certificates  to.  .  .  .     3599 
must  be  instructed  as  to  the  nature  of  alco- 
holic drinks  and  narcotics     3578 
in  state  and  federal  con- 
stitutions ....  Subd.  4,     3546 

Rules  in  reference  to  opening  schools 3568 

Scholastic  periods,  what  are 3598 

School  districts ;  establishment    and   supervision 

of  ;  capacity  to  hold  property 3594 

Teachers  ;  shall  instruct  as  to  nature  of  alcholic 
drinks      and      narcotics     and      their 

effects,  etc 3578 

how  long  certificates  to,  are  valid 3579 

register  of   attendance   of  pupils  to  be 

kept  by  and  submitted,  etc 3580 

aaust  make  q>uarterly  reports   to  county 

supermtewiant ;  contents  of,  etc 3581 

not  entitled   to   compensatitsn   until   re- 
ports made 3581 

to  be  paid  quarterly  and  receipts   taken 

3582,     3612 

when  paid  monthly   3614 

to  what  regard  must  be  had  in  employ- 
ing       3567 

rules  in  reference  to  employing 3568 


7S 

TOBLIC  SCHOOLS— Continued. 

execution  of  contracts  with  ;  contract  for 

transferred  pupils 3569 

removal   of,   by   trustees;   payment   for 

time  taught 3571 

must  keep  register  of  daily  attendance  of 

pupils  3572 

cause  for  cancellation  of  license  to  teach.     3588 
Tfcaebers'  institutes ;  duty  of  board  of  education 

to  organize 3590 

officers  and  members  of ;  no 

imposed  without  consent. .      3591 
meetings  of ;  address  ;  attend- 
ance, etc  ....     3592 
business   of . .  .  .     3593 
Ife be  established  by,  and  be  under  supervision  of 

township  trustees 3561 

what  regard  must  be  had  in  locating 3567 

Two  faces,  separate  schools  for  the 3600 

SCHOOL    FUNDS,    APPORTIONMENT    AND    DIS- 
BURSEMENT OF. 

Apportionment ;    basis  of,  and  how  made 3605 

to  be  recorded  and   certified  to 

county  superintendents 3606 

and  expenditure  of  local  school 

money 3617 

of  income  from  trust  fund  when 

township  divided ...      3618 

Acditor  certifies    amount   of  money  to   credit  of 

educational  fund 3601 

amount  certified  by,  to  be  apportioned  by 
superintendent,    drawn    and   disbursed, 


SCHOOL    FUNDS,    APPORTIONMENT    AND    g»IS- 
BURSEMENT  OF,— Continued. 

etc 36M 

amount  apportioned  certified  to ;  no  war- 
rant drawn  in  excess  ;  balance  unappor- 

tioned  certified  to  treasurer -.    :3dK^ 


Auditor,  amount   due   each  county  apportioned 

and  certified  to 

shall  draw  warrant  in  favor  of  countofr 

superintendent -3011 

file   said  warrant   and  pay  roll  with 

the  treasurer 36M 

must  prepare   blank  pay  rolls,  receipts, 

etc 38IS- 

Contingent    expenses    and    amount    for   normal 
schools   set   apart,   residue   appor- 
tioned   

fund  for  department  of  education  .  .. 
unexpended  part  of,  credited  to 

next  year ^ 

Each  county  receives  poll-tax  collected  therein, 

and  no  more 

township  and  race  entitled  to  its  poll-tax ;  re- 
port as  to 

Fund,  what,  first  set  apart;  effect  of  apportiea- 

ment 

once  apportioned,  not  use  I  for  ot'her^pur- 

poses  until  reapportioned 

unused    for    two    years    apportioned     by 

county  superintendent 

what  part  of  income  of  townships  new. dis- 
tricts are  entitled  to  . . ; .^ ^    3i21. 

Local  school  money,  apportionment  and  expenfti- 


78 

SCHOOL   FUNDS,     APPORTIONMENT    AND    DIS- 
BURSEMENT OF.— Continued. 

ture  of 3617 

New  districts,  what  part  of  income  of  townships, 

entitled  to 3621 

Payrolls,    county    superintendents    shall    make 

quarterly 3610 

duplicate,  to  be  forwarded  to  superin- 
tendent      3610 

if    correct,    approved    and 

filed  with  auditor 36'10 

auditor  shall  draw  warrant  for  amount 
of,  in  favor  of  county  super- 
intendent       3611 

must  file  warrant    and,  with 

treasurer    3611 

treasurer   must    forward   money,   pay 

roll  and  duplicate  receipts,  etc 3611 

teachers  paid,  and  duplicate  pay  rolls 

to  be  signed  by 3612 

duplicate,  returned  to  superintendent.     3612 
auditor  must  prepare  blank,  receipts, 

etc 3613 

when  teachers   paid   monthly,  duty  of 

county  superintendent  as  to 3614 

if  any  balance  in  hands  of  county  su- 
perintendent   deducted    from    next 

quarterly 3615 

county  superintendent  failing  to  make, 
sign   receipts,    or   to    pay  teachers, 
etc.,  must  be  removed  from  oflBce . .      3616 
Poll  tax,  each  county  receives,  collected  therein, 

no  more 3607 

township  and  race   entitled  to   its ; 


79 

SCHOOL    FUNDS,    APPORTIONMENT    AND    DIS- 
BURSEMENT   OF.— Continued. 

report  as  to 3608 

State  treasurer,  duty  of,  as  to  forwarding  money, 

etc.,  to  county  superintendent 3611 

Teachers,  payment   of ;  when  made ;  manner  of 

taking  receipts,  etc 3612 

when   paid  monthly ;  duty   of   county 

superintendent 3614 

Township  divided,  apportionment  of  income  from 

trust  fund  when 3618 

SCHOOL  LANDS. 

Past-due  notes  to  be  placed  in  hands  of,  etc 3655 

for  indemnity  school  lands  placed 

in  hands  of,  when 3663 

Appointment  of  agents,  etc.,  by 3656 

Bonds  required  of  trustees  when  lands    about   to 

sold  or  leased 3959 

Clerk  of  court  to  certify  certain  facts,  etc.,  to  su- 
perintendent   of   education ;     penalty    for 

failure 3949 

Collection  of  notes  for  purchase  money  of . . .  ,3655-3657 
Compensation  to  township  trustees   for    holding 

election  for,  and  sale  of 3650 

Costs  not  to  be  taxed  against  township   when  no 

money  recovered,  etc 3649 

Definition  as  to  what   are   school   lands,   and    in 

whom   vested 3625 

Election  as  to  sale  of 3635 

oath  of  inspector  of 3636 

if  inspector  absent,  how  place  supplied.  .     3637 
poUd  to  be  opened   and   closed  at  what 


80 

SCHOOL  LANDS— Continued. 

hours 3638 

manner  of  voting  at 3639 

if  majority  for   sale,   survey  made,    and 

minimum  price  fixed 3640 

plat  of  lands  with  minimum  price  marked 

to  be  kept  for  inspection 3641 

Faith  and  credit  of  state  pledged  for  payment  of 

interest  on  school  fund,  etc 3698 

Fines  under  provisions  of  sections  3649  and  3650 

go  to  school  fund 8651 

Incorporation  of  townships 3624 

Indemnity  school  lands,  sale  of,   authorized 3661 

manner    and    terms     of 

sale  of 3664 

proceeds  of  sale  of ;   how 

disposed  of 3662^ 

notes  taken   by   superin- 

dent,  etc 3663^ 

when,  turned  over  to 

attorney-general.  .     3663 
lease  of,  provisions  as  to     3665- 
what    provisions    as    to 
trespass,    resale,    etc., 

applicable 3666 

Issue  of  patents  ;  correction  of  mistakes,  etc.  .3652-3654 
Other  lands  may  be  leased  ;  terms  ;   rent ;  notice  ; 

duties  of  lessee,  etc 3627-3630 

Patent,  when,  to  be  issued 3652 

issue  of,  by  secretary  of  state  ;  correction 

of  mistakes 3653^ 

in  other  cases  ;  certificate   of  su- 
perintendent necessary,  etc. . .     3654 

Penalty  against  clerk  of  court  for  failure  to  certify 


81 

SCHOOL  LAND.S.-Continued. 

certain  facts,  etc 3649 

township  trustees  for  certain   de- 
faults relative  to  sales,  etc. . .  .  3650 

for  injury  to  timber  on 3632,  3638 

Plat  of,  with  minimum   price  marked,  etc.,  to  be 

kept  open  for  inspection 3641 

Proceeds  of  sale  of,  to  be  covered  into  state  treasury  3658 
faith  and  credit  of  state  pledged 

for  payment  of  interest  on.  .  3658 

Provisions  of  article  as  to  sale  of,  directory 3644 

what,  applicable  to  trespass  on,  resale, 

etc.,  of  indemnity  lands 3666 

Purchase-money,  collection  of  notes  for. 3655-3657,  3663 

Report  of  income  from  leasing  or  renting •.  . .  363.4 

Resale  of ;  when  may  be  made 3646 

Revesting  of  title;  clerk  to  certify    facts  ;    penalty 

for  failure  ;  costs 3649 

Sale  of,   election  for 3635-3639 

if  majority  for,  survey  made    and  mini- 
mum price  fixed 3640 

plat  with  minimum  price  marked,   etc., 

to  be  kept  free  to  inspection 3641 

notice  of 3642 

at  public  auction  ;  terms  of 3643 

provisions  as  to,  directory 3644 

report  of  ;  disposition  of  purchase-money 

notes 3645 

resale ,  when ....  3646 

certificate  of  purchase 3647 

effect    and   opera- 
tion of 3648 

revesting  of  title,  etc 3649 

compensation    to  township   trustees  for 

6 


82 

SCHOOL  LANDS.— Continued. 

•  making  ;  penalty  for  defaults 3650 

proceeds  of,  covered  into  state  treasury.      3658 
bond  required  of  trustees  when,  or  lease 

about  to  be  made 3659 

Sale  of,  by  whom  duties   as    to,   etc.,   performed 

when  township  divided 3660 

school  indemnity  lands,  authorized 3661 

proceeds  of ;  how 

disposed  of.  .      3662 
notes    taken   by 
superinten- 
dent of  ed- 
ucation...    3663 
when,  to  be 
placed 
with  attor- 
ney -  gen- 
eral       3663 

manner  and 

terms  of 3664 

Schoool  indemnity  lands,  lease  of 3665 

provisions    ap- 
plicable to . . .     3666 
Secretary  of  state  ;  issue  of  patent  by  ;  correction 

of  mistake 3653 

State,  faith  and  credit  of,  pledged  for  payment  of 

interest  on  school  fund 3658 

Timber  lots  reserved 3626 

how  used 3631 

penalty  for  injury  to  timber  on.  .3632,  3633 

Township,  incorporation  of 3624 

credited  with  collections  on  notes  given 

for  sale  of 8657 


83 

SCHOOL  LANDS.— Continued. 

when,  divided,  by  whom  duties  as   to 

lands   performed 3660 

trustees,  compensation  of,   for  making 

sale,  etc 3650 

Trustees,  township,  compensation  of,  for  making 

sale,  etc 3650 


INDEX  TO  ACTS  NOT  IN  CODE  OF  1896. 


PAaB. 

Examlnatioa  iaw 45-51 

Rules  of  State  Board  of  Examiners 58-55 

Instructions  Regarding  Examination  law 56-60 

Law  fixing  minimum  term 61 

Law  requiring  Normal  graduates  to  procure  certi- 
ficates    62 

Law  amending  Sec.  3602  of  code : 62 

Form  for  16th  section  note 63 

certificate  of  purchase  16th  section  land.  64 

Form  for  report  of  sale  State  16th  section   land .  .  64-65 

Form  for  16th  section  bond  •  •  •  • 65-06 

lease  16th  section  lands 66 


re  066 


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